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Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor

Proceedings of the New York State Communication Association

This paper uses the dichotomy between Herbert Packer’s (1968) two models of criminal justice advocacy – “crime control” and “due process” – as a rhetorical paradigm for understanding policy debate about the exclusion of relevant evidence at trial. Understanding the opposition between crime control and due process advocates as a rhetorical controversy, in which commonly-used ideographs camouflage dramatically different constructions of the concepts at stake, helps to illuminate the way each side mobilizes public support for their narrative of doing . While both the exclusionary rule (which prohibits the use of illegally-obtained evidence in criminal cases) and the “fruit of …

Argumentation Analysis Presentation: Evaluating Rhetoric-In-Action, Evelyn Plummer

Proceedings of the New York State Communication Association

Via a small group project format, students conduct a close analysis of a persuasive message (a speech, an editorial, a position statement, etc.) Referring to models of argumentation (e.g. Toulmin [1958], Eemeren & Grootendorst [2004] , Rieke, Sillars, & Peterson [2012]), the team members work cooperatively to examine the communicator’s rhetorical choices in structuring claims, selecting data, and establishing warrants. After assessing the effectiveness of the message, each team presents its findings to the class.

This activity accomplishes several additional learning objectives, including: collaborative learning, critical analysis, applied communication, reinforcement of classic rhetorical canons and/or Aristotelian forms of artistic proof, …