33 Demand for Special ConsiderationIs there a man with soul so dead that he has never succumbed to an irrelevant appeal to pathos, sentimentality, human sympathy? Drawing attention to pathetic circumstances is an age-old refuge of individuals in difficulty -- it is the most obvious form of demanding special consideration. This demand particularly recommends itself to unscrupulous pleaders, since it works by taking advantage of the audience's feelings of decency and common humanity.
EXAMPLE COMMENT Paul is on trial for a murder committed in California. His lawyer, Peter, points out to the jury that Paul is a veteran with several decorations, that he has a wife and six children, and that he is the sole support of his aged mother. "Murder is the unlawful killing of a human being, with malice aforethought." Penal Code of California, section 187. A student approaches his teacher at the end of the term: "My grade in this course will probably decide whether or not I can get into dental school." Fortunately for the peace of mind of teachers, academic records are a matter of numerous independent grades to which no single instructor ordinarily contributes a decisive share. In any event, grades measure a student's accomplishment, not his needs.