Performing for the Audience

This chapter discusses the importance of the audience in research on forensic performance. “Forensic performance” is taken here to include the dramaturgical techniques that inform Erving Goffman’s account of “the presentation of self in everyday life,” extending not only to ways of affirming one’s own position but also to ways of portraying the various figures or propositions in a legal dispute. These practices include the use of speech, gesture, and ritual to convey arguments, embody or criticize legal authority, and impersonate a party, witness, or any other participant in an actual or imagined scenario. The audience includes those in the courtroom and imagined observers in the larger public. The chapter begins by examining criticisms of forensic performance in the early modern period and then turns to the use of cross-examination in the nineteenth century. Finally, the discussion considers judges’ behavior, particularly when they encourage the audience to laugh in response to their questions. By doing so, judges merge the role of an impartial interlocutor attending to policy questions and the role of an individual to whom the law might apply.