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Rhetorical Analysis
Joshua Montanez
University of Texas at El Paso











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Within this essay I will be analyzing both the opening and closing statements of the
prosecutor responsible for the prosecution of George Zimmerman V Florida (2013). John Guy is
the prosecutor in charge of the Zimmerman V Florida (2013) and was assigned by the state of
Florida. Zimmerman V Florida (2013) was a case that was extremely controversial and high
important for the criminal justice community. I chose that particular case because it became a
huge case of controversial matters and spread like wildfire throughout the United States. The
rhetorical analysis I will provide will help the reader understand the persuasive techniques that
the prosecutor must use, to persuade the Jury that Zimmerman is guilty. By analyzing the
techniques within a prosecutor's statements, it will help me further understand the discourse
community of Criminal Justice and its components. Prosecutors are responsible for speaking on
behalf of the city, state,district, and even the United States for all criminal cases involving crime.
The prosecutor must use an abundance of rhetorical devices to convince the jury and meet the
burden of proof. It is important that I analyze the methods that John Guy uses to succeed at his
attempt at persuading the jury and will also declare if the methods are rather successful by
critically analyzing the pathos, ethos, and logos characteristics of Guys argument.
George Zimmerman was a 28-year-old man who was charged second degree murder for
the killing of Trayvon Martin. Trayvon Martin was a 17-year-old African American boy who
was brutally shot and murdered on February 26th of 2012 in Sanford, Florida. George
Zimmerman had dialed the police minutes prior to the murder claiming that Trayvon Martin was
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up to no good. The 911 operator asked Zimmerman to maintain his position because officers
were already on their way. Zimmerman then asked the operator to tell the officer to call his
phone number instead and immediately hung up. Neighbors claimed to have heard loud noises
followed by sounds of punching. Neighbors called 911 various times reporting what they have
seen and heard, almost all witnesses were claiming that they could hear help,help!! coming
from the man on the bottom. Minutes after, a loud gunshot could be heard in all 911 calls, and
shortly after Martin layed there gasping for his last minutes of life. Officers arrived at the scene
and attempted to perform CPR on Martin, unfortunately he was deceased seconds later.
Zimmerman was taken into custody days after the incident but had claimed that he was
supported by his actions from the Florida Stand Your Ground Law. This law implies that if a
civilian is in a life threatening situation, he or she may use deadly force to defend themselves at
all costs. The trial was schedule to take place and Zimmerman became a defendant at that point.
The intended audience that Guy is referring to specifically is the jury consisting of six
women. Unfortunately for the safety of the jury, all of their names have been omitted and
personal information has been considered confidential. The audience was selected by both the
prosecutor and defense attorney; a process known as Voir Dire or the process of selection of the
jury. The jury is strictly in charge of listening to both sides of the story and understand the
evidence provided. Therefore by analyzing the information and evidence given, the jury must
either declare guilty or not guilty. This means that the audience should be saying yes to the
authors statements in order for the author to succeed.
The exigency of John Guys prosecutions opening statement is due to the fact that
George Zimmerman has committed a crime against the state of Florida. The crime is what caused
the prosecution's opening and closing statements to occur in this manner. The speakers (John
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Guy) goal is to persuade the jury that Zimmerman is guilty of second-degree murder. By
beginning the trial with an opening statement, Guy is able to provide the jury with the
reasons,effects,causes, and outcomes of Zimmermans crime. The problem that the prosecutor is
facing is the defense attorney representing Zimmerman named Mark M. OMara. Defense
attorney OMara is responsible for defending Zimmerman by claiming that his client
(Zimmerman) is innocent of second degree murder and whos actions were justified by self-
defense. John Guy is knowledgeable of the responsibility required for tough homicide cases and
other sorts because he has been with the State department since 1993 and has viewed over 100s
of cases.
The constraints that Guy faces are barriers of extreme moral difficulty and lack of
sufficient evidence. The United States has forever been facing issues concerning racism and
prejudice. These problems are often obvious through stereotypes and racial profiling. Was
Zimmerman racially profiling Martin? What if Zimmerman was of African American race, and
martin was white? Both these questions are what the community had questioned mostly
concerning the case. It is very important that the prosecutor understands that race should not play
a factor in the murder, but instead that Zimmerman had the intent to murder Martin. Guy is
facing issues within the African American society because he felt the strong pressure of having
to serve justice for Martin. These racial constraints are tough to manage because the media over
exaggerates and makes the murder appear differently. Another form of constraint is the
overwhelming lack of evidence that the prosecutor must utilize to prove Zimmermans guilt.
There is only the phone call, neighbors 911 call, physical harm, friends and other evidence that
can be favored to only one side. It is difficult for guy to persuade the Jury that the evidence
proves Zimmerman's guilt. A tough constraint that Guy must attempt to use to his advantage was
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the ongoing issue of gun control. Gun control activists have questioned the severity of the case
and the issue has also increased attention towards the reasons behind owning weapons for self-
defense. Of course Guy has actually used the issue to raise concerns about the weapon
Zimmerman was concealing on his person.

A very important method that Guy uses throughout both opening and closing statements
are to affect the pathos of the audience (jury) in front of him. It is a highly important aspect of
Guys statements because he is trying to get into the uncontrollable human emotion of the jury.
Guy begins his opening statement with profanity and language that the defendant (Zimmerman)
literally used during the incident. Guy states, Fucking punks, these assholes always get away.
The language that he utilized in his quote was a moment of surprise for the jury, unaware that the
vulgar language was coming. Guy had a very long momentous pause after saying Fucking
punks. This long obvious pause was a chance of allowing the jury to absorb the essence of
the language and question the reasons behind it. The last segment of that sentence was shocking
for the jury, and their body language seemed inquisitive as if they questioned to themselves
What does he mean by these assholes always get away?. This sort of self questioning is what
the author is intending to provoke. The jury is emotionally discomforted by the statement made
because it brings feelings of anger and moments of sympathy. Guy then proceeds to repeat that
exact sentence three exact times, with the same pause as the previous one. This method of
repetition really helps the jury dig deep into the words that Zimmerman had said which overall
exaggerate the words coming out of Guys statement. This first method of pathos helped set the
mood of the rest of Guys statement making Zimmerman look as a emotionless criminal. Why
would Zimmerman say something like that?
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The next method of pathos that Guy uses is referring to Martin by his full name as
Trayvon Benjamin Martin and also as boy. Although in fact, Guy is utilizing the technique
of making Martins murder more inhumane by reminding the Jury that Martin was a human. For
example, take into consideration the times that your mother and father would call you by your
full name. Did your full name not catch your attention more efficiently? The full name is your
own unique identity and is very unlikely that another person has your exact name. This form of
psychological control, helps create sympathy for the death of Trayvon Martin by once more
reminding the jury that a human was murdered. Guy also refers to Trayvon as boy and never as
teenager or young adult. By referring to Martin as a boy, it implies that he was far too young and
adolescent. Adolescence is often viewed as innocence and this innocence helps the jury view
Martin as a kid of good faith. Although Martin was only 17 years old, one year away from being
legally known as an adult. By also referring to Martin as boy, it will help imply that Martin
was the innocent son of a mother and father. This method is to create sympathy for the child and
hopefully persuade the jury that a child lost his life, not a criminal.
Guy also uses a very important method for persuasion related to sympathy and
common ground. Zimmerman begins his closing statement by stating The human heart, it has a
great many functions. But is not the most important purpose, what it causes us to do, it moves us,
it motivates us, it inspires us (Guy, John, 2013). This quote helps create a strong
understanding of sympathy towards Martin and helps illustrate the ill-will heart that Zimmerman
had. This process aids Guy by influencing the mood of the closing statement and setting sort of a
melancholic tone of regret.
Guy also mentions to the jury about possessing common sense. Guy told the jury Didnt
Martin have the right to defend himself as well?....use your common sense!. By questioning the
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Jurys common sense, Guy is attempting to have them over think the situation. It is quite logical
to consider the murder of anyone incorrect but Zimmerman has attempted to murder within the
boundaries of self-defense. The murder weapon was a Kel-Tec 9mm handgun and because the
weapon was a firearm, it raises a logical question. Why was Zimmerman carrying a firearm?
The methods that John Guy used to prosecute the case of Zimmerman V Florida were
astoundingly intelligent and useful. Guy used effective methods of pathos and logos. The video
of both opening and closing statements are extremely emotional and persuasive. The emotions
that guy triggered during those statements were those of sympathy,guilt,frustration,surprise, and
deceit. Guy has failed to effectively use all methods of persuasion because the jury had decided
upon an acquittal of the case. An acquittal concludes that there was insufficient evidence to
clearly identify Zimmerman as guilty.













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References
GEORGE ZIMMERMAN TRIAL OPENING STATEMENTS PROSECUTION 6.24.13 PT.4
[Video file]. (n.d.). Retrieved from http://youtu.be/V5_Vgg9qsww
GEORGE ZIMMERMAN TRIAL: Prosecution's Emotional Closing Argument (FINAL PUSH)
7.12.2013 [Video file]. (n.d.). Retrieved from http://youtu.be/RcnfyLCuGCQ
Gilbert, D. I., Gilfarb, M. E., Talpins, S. K., & American Prosecutors Research Institute (2005).
Basic trial techniques for prosecutors. Alexandria, VA: American Prosecutors Research
Institute.