Communication in the legal process the case of cross-examination of witnesses in the 2012 election petition in Ghana

Abstract

This study explores the communication styles and strategies used in the legal process of the election petition in 2012. The researcher sampled six days of court sitting of the 2012 election petition as data and used Glaser and Strauss‘ (1967) constant comparative technique of content analysis to analyze the data. Guided by Beke‘s (2014) litigation communication theory and Aristotle‘s theory of rhetoric, the researcher discovered that lawyers used hostile style, soft style, and conversational style to cross-examine witnesses. Also, the lawyers used persuasive appeals such as logos (questioning, speech-making), pathos (impression management and non-verbal cues) and ethos (cultural reference personalization) to cross-examine witnesses as well as persuade audience. It was further established that the communication styles and strategies used were effective in eliciting the truth, background information, and specific information from witnesses to support the election petition. The researcher recommends that further studies on communication and legal processes are useful in building a robust field of research that could inform the practice of litigation communication in Ghana specifically, and Africa in general. This study adds to knowledge on effective communication strategies for cross-examining witnesses during election petitions.