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Lauren Johnson
Professor Adler
English 1A # 32475

Discourse Community of a Criminal Court Proceeding

Lonnie Franklin Jr., a middle-aged black man, sits quietly at the defense table in a
courtroom in downtown Los Angeles while the trial for his life is proceeding. Franklin is
accused of being the so-called Grim Sleeper serial killer responsible for the deaths of nine
women and a young girl over a twenty-year period from 1985-2007 and dumping their bodies in
alleyways and trash bins all over Los Angeles.

He faces ten counts of murder in the deaths of

these nine women, a fifteen-year-old girl, and one count of attempted murder. He has pleaded
not guilty for his accused crimes.
I conducted an ethnographic study on how individuals involved in a criminal court trial
use language and a specific genre to further their common goal of justice. The community I
observed includes the judge, jury, two opposing attorneys (defense and prosecuting attorneys),
and the defendant. Each party has the shared common goal of justice prevailing.
In his book The Concept of Discourse Community, John Swales argues that a discourse
community consists of a people who link up in order to pursue objectives that are prior to those
of socialization and solidarity (471). In essence, a discourse community is a group of people
who share commonalities.

He describes six specific categories that define a discourse

community which include: a shared common goal, participatory mechanisms, information

exchange, community specific genres, a highly specialized vocabulary, and a high level of
expertise. Through observation, research and analyzing data I will describe how Lonnie Franklin

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Jr.s murder trial is a special interest group that fits into Swales criteria of a discourse
community.
The courts and courtroom trials which occur in them are intended to provide justice when
a law has been broken. This is true for both civil and criminal laws. In the case of criminal
courts, we need the courts to interpret and apply the law when tragic and heinous acts are
committed. The judicial system protects the rights of people who cant protect themselves and
everyone in a court has a role to play. The judge is the mediator and interpreter of the law and
also maintains courtroom order. Judges are unbiased and determine what is allowed to be
presented at trial and what is allowed to be spoken during a trial. The attorneys, a defense and
prosecuting attorney, are the storytellers in this community. Each tells a story about the case,
their interpretation, on behalf of their client. They are very well- spoken with verbal and nonverbal gestures. The attorneys play the most important role because it is through their specific
language that this community functions. A third courtroom role is played by the jury; twelve
people picked to sit and listen to this story and decide the fate of the defendant. Finally, there is
the defendant who is the individual who stands accused of breaking a law or several laws.
The main goal in a courtroom is to uphold the defendants civil rights, ensure a fair trial
and try to get justice for the victims. Each party has their own achievable goal but overall the
trial process is to ensure that the law is upheld and justice for all is achieved. Eric Borg states in
ELT Journal: Discourse Communities, that membership of a discourse community is usually a
matter of choice; unlike an interpretive community, members of a discourse community actively
share goals and communicate with other members to pursue those goals (398). Every member
of a courtroom community takes a sworn oath to uphold the law. From opening statements to
closing statements language is being used to complete the goals of this community.

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The members of a discourse community have a variety of mechanisms of
intercommunication among its members (Swales 471). In a courtroom during a trial, a wide
variety of legal communication occurs through continuous written or spoken text. Some of the
more important communication opportunities in the courtroom include opening statements,
questioning and cross-examinations of witness and expert testimony, evidence, and closing
statements. I will discuss the importance of each of these communications and relevance to the
courtroom discourse community throughout this essay.
There are multiple types of genre used in the courtroom to promote communication and
further the common goal of justice in this community. Eric Borg claims, One additional element
generally characterizes discussions of discourse communities: these discussions typically focus
on the use and analysis of written communication (398). Different types of genres in the
community include written legal texts, evidence and legal documents. Evidence is any physical
proof or information that shows something is true or false in a trial. It can be anything from an
internet search for poison to physical items such as a weapon used to commit murder, clothing or
testimony of a witness or expert. A critical written communication used frequently by attorneys
regarding the use of evidence in a trial is called motions. Motions are legal documents used by
the government and the defense to seek to exclude evidence that was improperly acquired and
address legal and procedural questions more commonly than factual questions. Motions are
made by the attorneys before or during a trial to either include or exclude evidence from the jury.
For attorneys in the courtroom, visual aids are a crucial tool to communicate and explain
simply complex information to the jury which is made up of people who are not legal or criminal
experts. Also, because todays jurors regularly utilize technology in their day to day lives, they
are accustomed to instant, visual access to information. According to the Indiana Law Journal:

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Communicating with Juries, a contemporary exposure of illustrative or explanatory use of
communications advances include the use of computer animation, interactive video, flat visual
representations, and three-dimensional models to explain complicated engineering or design
concepts, to re-create the scene of a crime or accident (1112). Today attorneys like to use poster
visual aids and PowerPoint slide presentations to articulate their story and present evidence. The
result appeals to the juries visually and stimulates their interests and increases their ability to
recall and retain evidence that was previously presented at trial.
Another text used in a trial is relevant court cases documents which include specific
details and facts about every case that has been tried. A type of legal writing not written by
lawyers but used to communicate evidence during criminal trials is detailed police reports.
These reports are legal documents containing specific information about the crime. The usual
tone of the police report is factual and professional. As previously stated, motions are legal
documents used by the government and the defense to seek to exclude evidence that was
improperly acquired and address legal and procedural questions more commonly than factual
questions. Lastly there are academic journals that present cases in a manner called case study.
Case studies are court cases presented in a legal journal usually in a casual manner. All of these
types of texts are used during the trial and are important for recording, collecting, and analyzing
data for information and feedback to make sure a trial is fair and a defendant receives justice.
Legal writing is very different from regular writing. Writing is the way a lawyer must
express his analysis of an issue or controversy and seek to persuade others on their clients
behalf. In an interview I conducted with Superior Court Judge Michael M. Johnson, I learned
that Students in law school have to take a class called Legal Writing, in which they are taught
to think and write like a lawyer (Personal Interview). According to Chris Rideout who wrote,

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Legal Writing: A Revised View, Legal writing is the reflection of a complex series of problemsolving decisions; it is the battle among disparate ideas; it is the effort of a creative mind trying
to work within the rhetorical confines of the discourse (Rideout 43).
There was a time when legal writing was criticized because it is a type of written
communication that an outsider cannot easily comprehend. According to National Paralegal
College, As legal writing has evolved, there has been a movement to move away from
convoluted legal writing, also known as legalese to more contemporary, or plain writing
(2003-2006). Legalese is a term that is associated with the traditional style of legal writing.
The law journal, Clarity describes legalese as poor legal writing that is cluttered, wordy,
indirect and uses unnecessary technical words or phrases (32).
Legal language is a specialized lexis that can be categorized as complex and contains
confusing definitions which require interpretation to be understood. The most notable
characteristics of legal language are precision, objectivity, formality, and common use of
archaisms, use of Latin, French and other foreign words and phrases. While the jury is present
the language of the law is minimal. Studies have shown juries do not connect with attorneys that
speak in legalese. The judge often communicates with the jury explaining the terms in a
simplified tone. For judges, determining the hard cases can be viewed as a literary exercise by
trying to decide the meaning of what people say in various forms and their words are the legal
effect,
The trial begins when every member of the criminal proceedings discourse community is
present. Opening statements from the prosecutor and defense attorney are presented and set the
stage for a dramatic reenactment of events that could have occurred. According to the Law and
Human Behavior journal, opening statements should include a statement of the facts to be

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proven and evidence to be offered, and a review of the applicable legal principles. Legal experts
frequently emphasize the importance of being simple, clear, organized, and logical (282). It is
essential for each attorney to establish an initial impression of expertise and good rapport with
the jury. Both prosecuting and defense attorneys use detailed language in their strategy to
cunningly strike down the opposing attorneys opening statement.
When speaking in a courtroom an attorney must be confident, professional, and focused
on all courtroom activities and discussions. He needs to present his case to the judge and jury to
convince them of his side of the story. Witness and expert testimony help communicate and
present important evidence in a trial. Information relevant to the crime is often provided in their
statements on the stand which can affect a clients fate and the outcome of a trial. The
questioning and cross-examining of witnesses by the opposing attorneys is often heated and
dramatic. In Lonnie Franklin Jr.s trial, I observed critical communication from an expert
criminologist about specific clothing found in the garage of Lonnie Franklins residence. The
defense attorney attempted to discredit the expert witness regarding his previous testimony
stating that DNA evidence from the murdered victims was obtained in the defendants home.
In addition to verbal communication during trial, non-verbal gestures also are crucial to
further the goals of this community. While in court observing the trial of Lonnie Franklin, I
observed language and non-verbal tactics used by the attorneys. Some of the non-verbal
characteristics included using intense eye contact, distinctive facial gestures, excessive vocal
cues, body language, and dramatic pauses. The attorneys were fascinating to watch interact and
speak to the judge and jury. Their questions to expert witnesses were purposely precise and
extremely objective. If a specific question was asked of a witness in even the slightest incorrect
format or in a manner which hurt the case being presented by one of the attorneys, the opposing

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attorney was quick to object. The judge would either sustain or overrule the objection
depending on how the question was asked and the details the question contained.
At the end of the trial, when the prosecution and defense attorneys have each presented
their witnesses, experts, and evidence, closing arguments are made. Closing arguments are the
final statements made by the attorneys to the jury, the last attempt to influence the jury to vote in
their favor. The attorneys will integrate emotions with language to emphasize their position on
the defendant on trial. It is a carefully planned strategy that echoes the theme and theory
presented in their opening statement. Lawrence J Smith, states in his book, The Trial Process:
Law, Tactics, and Ethics, that a Closing argument is not for the purpose of recruiting new
troops, but for arming those already on your side. You are the general who provides a battle plan
to your troops, who will fight for your side in the jury room war (12).
The last words of the trial before deliberations are those of the judge giving jury
instructions. The judge instructs the jury about the relevant laws that should guide its
deliberations. (In some jurisdictions, the court may instruct the jury at any time after the close of
evidence. This sometimes occurs before closing arguments.) The judge reads the instructions to
the jury. After closing arguments, the jury is lead into a deliberation room to reach a unanimous
decision. They must filter facts from fiction and work together to make a choice that upholds the
law. In order for this community to survive the jury must become the experts and their final act
of communication is the verdict.
The legal community and within it the community of a criminal proceedings is a
discourse community as defined by Swales. Swales discuses a changing membership of the
discourse community and argues, Survival of the community depends on a reasonable ratio
between novices and experts (473).

In a courtroom there is a hierarchy of chain of command

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based on this ratio. There is a distinct difference between the judge, the ultimate expert of law,
attorneys, experts in their specific area and a specific case, and the jury, legal novices, in regards
to knowledge of the law and legal language and communication. Physically the community of a
criminal proceedings changes regularly. Attorneys are constantly moving through different
courtrooms presenting their case stories in the same fashion but different trials. The judge never
leaves his courtroom; he will be the mediator for every new community that appears in his
courtroom. The defendants will vary with each case and trial from tales of self-defense to
mistaken identity. The jury lack expert knowledge of the community due to their indefinite
silence throughout the trial and limited background on the law. However, because the common
goal of this community is justice for the defendant and victims, the jury expert knowledge is
expressed through the verdict that is decided for the defendant.
While researching this community I considered that one day I could become a member of
this complex and structured community. I wanted to personally understand what it would be like
so I commuted to the Los Angeles Superior Court to gather my information in an actual trial and
see the different interrelated characteristics of how this community thrives and functions. What I
observed convinced me that I would like to be part of the legal community in some role either as
a lawyer or a paralegal. To become a lawyer takes three years of law school and passing the Bar
Exam in the state where I would practice. If I practiced successfully as a lawyer for many years,
there is the possibility of becoming a judge. Superior Court Judge Michael M. Johnson practiced
for just over 20 years before he became a judge in the Los Angeles Criminal Court.
Studying to become a paralegal is not as lengthy a process as becoming a lawyer. It does
require a least an Associate Degree from a community college but more states are recommending
a four year college degree. After college, I would study to get a certificate to practice as a

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paralegal. Obtaining a paralegal certificate takes about a year depending on the school and how
quickly I can take the classes. Becoming a paralegal could be a career I choose or it could be a
stepping stone for me to eventually become a lawyer. These are decisions which I will need to
make soon as I finish college and plan my career. Whichever way I go, I do know becoming part
of the legal discourse community is my future.

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Works Cited

Borg, Erik. "Discourse Community." ELT Journal 57.4 (2003): 398-400. Print.
Cate, Fred H. and Minow, Newton N. "Communicating with Juries," Indiana Law Journal: Vol.
68: Iss. 4, Article 6
"Clarity." Encyclopedic Dictionary of Polymers 70 (n.d.): 195. Journal of the International
Association Promoting Plain Legal Language, Dec. 2013. Web. 2 Apr. 2016.
Juliet, Huck. "Commentary: Visual Aids Critical To Courtroom Communication." Rhode Island
Lawyers Weekly (n.d.): Regional Business News. Web. 31 Mar. 2016.
Johnson, Michael M. Personal Interview. 20 March 2016
Linz, Daniel, Steven Penrod, and Elaine McDonald. "Attorney Communication and Impression
Making in the Courtroom: Views from Off the Bench." Law and Human Behavior. 10.4
(1986): 281-302. Print.
National Paralegal College. Briefs, Legal Memoranda and Legal Writing. 2003. Web. 02 Apr.
2016.
Niemi-Kiesilinen, Johanna, and Pivi Honkatukia. "Legal Texts as Discourses." Exploring the
Limits of the Law 69.88 (2012): n. p. Web. 31 Mar. 2016
Rideout, Chris. "Seattle University School of Law Digital Commons." Site. n.p., 1997. Web. 31
Mar. 2016.
Rideout, Chris and Jill J. Ramsfield, Legal Writing: A Revised View. 69 WASH. L. REV. 35
(1994).

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Smith, Lawrence J. "Closing Arguments." The Trial Process: Law, Tactics, and Ethics (2002): 134. Indiana Law, 31 July 2002. Web. 3 Apr. 2016.
Swales, John M. "The Concept of Discourse Communities." Genre Analysis: English in
Academic and Research Settings. Cambridge [England: Cambridge UP, 1990. 21-32.
Wood, Seth William, "Courtroom Discourse as Verbal Performance: Describing the Unique
Sociolinguistic Situation of the American Trial Courtroom" (2012).