Unpopular Arguments: Defending “Enemies Of The People”
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The following paper explores the difficulty of defending an individual whom the listeners fear. I ask: how do defense attorneys argue on behalf of people that jurors believe to be terrorists? In order to answer this large question I focus on a single polarizing case, the Haymarket Trial in 1886, and rely on information from newspapers and pamphlets, trial and pardon transcripts, secondary commentary on the trial, and articles on rhetorical theory. By noting patterns in the appearance and negotiation of various topoi I find that the presence of the jury forces the defense to engage in ideological arguments they might otherwise forgo.