Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book VI Chapter 1.
In VI.1, Quintilian addresses the conclusion of a speech, the “peroration.” “There are two species of it, the one comprising the substance of the speech, and the other adapted to excite the feelings” (Quintilian VI.1.1). The style which summarizes the speech is not meant as a new speech but as a brief review (Quintilian VI.1.2). In the Athenian tradition this is the only conclusion allowed, as it is considered inappropriate to attempt an emotional appeal (Quintilian VI.1.7). Roman practice allows for more of an appeal to emotion (Quintilian VI.1.10). To make the appeal to emotions effective, the prosecutor should remind the judge of the negative nature of the crime and the criminal (Quintilian VI.1.12). The prosecutor also makes statements to mitigate any sympathy the judge might have for the defendant (Quintilian VI.1.20). Positive statements about the client’s character and history may also be useful, especially those which invoke pity (Quintilian VI.1.21). Quintilian also suggests the use of “fictitious addresses delivered in another person’s character (Quintilian VI.1.25). This storytelling may be very effective at gaining sympathy. Visual aids may also be quite vivid (Quintilian VI.1.31), though Quintilian does not necessarily endorse them.
The behavior and demeanor of the defendant is often a very important factor in the judgment (Quintilian VI.1.37). This is something requiring careful management. Quintilian gives numerous examples of attempted appeals to emotion which go wrong, cautioning against unwise attempts at this appeal.