State Your Case (as Seen on TV)

John Hayward

Our love of court case drama is not lost on television show producers who, in many crime shows, conclude each episode with a high-stakes contest of wills and reasoning before a jury. We tune in as viewers to engage in the process, think through our feelings on the subject, and anticipate the results. Three essential factors contribute to a defense or prosecution team's success: evidence, research, and organization. Any weakness in these areas can cost clients their whole trial.

Writing an argument, truly, is no different.

A well-argued paragraph is like a court case. In fact, if you ask students who enjoy courtroom drama to describe the order of a court case, their answers will reveal this structure:

1. Opening argument
2. Background information
3. Body of evidence
4. Closing argument

Body paragraphs in an argument essay do the same thing! Every paragraph is a court case attempting to prove its point to the reader (the jury). The number of witnesses or exhibits necessary to win a case is how many paragraphs a writer should draft.

Figure: Order of the Court v. Order of Your Paragraphs

Opening Statement/Topic Sentence

When my students craft arguments, I instruct them to introduce each body paragraph with a passionate and reasoned opening statement. Visualize the lawyers presenting their sides in words similar to, "Ladies and gentlemen of the jury, today you will hear testimony regarding this subject." Tease details of evidence to come that will fully convince the doubters. Removing all reasonable doubt is the goal of argument, is it not? The opening statement builds the platform upon which the rest of the presentation of facts and evidence on this paragraph's topic will stand. Here's a student example related to character analysis of the character Antigone in Sophocles's play of the same name.

Example sentence 1: "Antigone is fully aware of the consequences of her decision to disobey Creon's demands, at least in her recognition that death will result."

Background/Setting Up the Evidence

The second sentence provides the background information necessary to build context for the evidence. Sentence one points to sentence three through sentence two, which narrows and explains the argument. Sentence two zooms in to reveal the credibility and reliability of the data that follows.

Example sentence 2: The specific nature of the punishment changing from a public stoning to being walled up in a cave does not change her resolve or perspective represented in her final words in the king's court.

Presenting Evidence/Quoted Material

Sentence three is the burden of proof. Now that readers know the subject and the source, a solid argument convincingly offers the reason through any one of the following types of cited evidence: statistical data, facts, case studies, visuals, testimonies, observations, or quotes from authorities. Strong writers blend this cited information with their own words and construct the sentence for maximum effect. Should my words go first to build up to the cited evidence? Should I interrupt in the middle as a subtle reference? Or should I conclude the sentence with a citation to better illustrate its significance? Peer editing and questioning will reveal which approach works best for the topic at hand.

Example sentence 3: She explains to the chorus her reason for honoring the gods above man: "But my parents are dead, and I can never have another brother. That is why I risked my life for you, my darling Polyneices" (41).

Closing Argument/Analysis

Crucial to any court case is the closing argument. Several sentences may be necessary to close each body paragraph and answer why this proof is the best. Read the flow of the paragraph in reverse, and you will see a solid case that proves why this evidence from this source (sentence three and on) in this context (sentence two) proves this particular point (sentence one). For the argument writer, the closing statement is the last chance reasoning before deliberation. Language here must be clear yet persuasive in its appeal to values.

Example end of paragraph: The courage and dignity of her confession prove the lack of guilt she feels for breaking the law. In fact, I believe this is the greater insult to Creon because his law and his authority expect there to be some regret and she shows none. That such defiance comes from a woman only adds to the insult in Creon's male-centric view. Antigone is completely in control of the way she faces the coming punishment for her "risk," which makes her an ideal tragic hero.

Building a Case in Each Paragraph

I teach students to use a body paragraph to bolster their stance or to point out weaknesses in the counterargument. Each phase of the court case must build upon the next with the strongest, most convincing piece appearing last. If there is any doubt remaining in the minds of the jury toward the end, this paragraph will win them over.

The "State Your Case" method is one I have successfully used in the classroom for many years—with first-year high schoolers to my college students. Students can relate to television drama courtroom scenes and easily make the transition to constructing their own arguments, whether they are writing or speaking. Once you notice the improvement in your students' writing, you will know, beyond a reasonable doubt, that this method works.

Appendix: Sample "State Your Case" Paragraph

Read the assembled argument below:

Antigone is fully aware of the consequences of her decision to disobey Creon's demands, at least in her recognition that death will result. The specific nature of the punishment changing from a public stoning to being walled-up in a cave does not change her resolve or perspective represented in her final words in the king's court. She explains to the chorus her reason for honoring the gods above man: "But my parents are dead, and I can never have another brother. That is why I risked my life for you, my darling Polyneices" (41). The courage and dignity of her confession prove the lack of guilt she feels for breaking the law. In fact, I believe this is the greater insult to Creon because his law and his authority expect there to be some regret and she shows none. That such defiance comes from a woman only adds to the insult in Creon's male-centric view. Antigone is completely in control of the way she faces the coming punishment for her "risk" which makes her an ideal tragic hero.

John Hayward is a communication arts teacher, a learning commons teacher-librarian, and literary magazine advisor at Naperville Central High School in Illinois.

ASCD Express, Vol. 12, No. 24. Copyright 2017 by ASCD. All rights reserved. Visit www.ascd.org/ascdexpress.