11.4.3 Persuasive Paragraph Structure

Within the argument, review the topic sentences to make sure that you are not wasting the first sentence in a paragraph on a case citation or a description of authority case facts.

In addition to considering structure within paragraphs, you can use a short paragraph to create a position of emphasis. Although conventional wisdom frowns on one-sentence paragraphs, one- or two-sentence paragraphs can, on rare occasions, effectively draw attention to a statement. Conversely, you can bury a negative point in a long paragraph to lessen its impact. Take care when using this tactic, however; if the paragraph is so long that it distracts or annoys your reader, you will cancel out any benefit from the persuasive technique.

In this example, the writer applies the law to the facts in one long paragraph that provides the details to establish that respondents did not manifest a subjective expectation of privacy:

BAD EXAMPLE

In the case at bar, both Respondents’ behavior and their location within the apartment indicate that they had no actual, subjective expectation of privacy. Respondents manifested at most a hope that no one would observe their unlawful pursuits inside Thompson’s apartment. Unlike the defendant in Katz, Respondents introduced no evidence of conduct that demonstrated an intent to keep their activity private. Nothing in the record indicates Respondents took any action to preserve their privacy. Though the blinds were drawn, there is no indication that Respondents drew them.

The only difference in the following example is that the writer has provided paragraph breaks to draw attention to the fact that respondents did not take action to preserve their privacy. The white space creates a position of emphasis that highlights not only the onesentence paragraph, but also the paragraphs around it, particularly the paragraph after the one-sentence paragraph.

GOOD EXAMPLE

In the case at bar, both Respondents’ behavior and their location within the apartment indicate that they had no actual, subjective expectation of privacy. Respondents manifested at most a hope that no one would observe their unlawful pursuits inside Thompson’s apartment. Unlike the defendant in Katz, Respondents introduced no evidence of conduct that demonstrated an intent to keep their activity private.

Nothing in the record indicates Respondents took any action to preserve their privacy. Though the blinds were drawn, there is no indication that Respondents drew them. See Record at E-2, E-10. On the night in question, Respondents were present in a first-floor apartment that had several windows at ground level. Record G-26. The windows faced a public area that apartment residents and nonresidents frequented. Record G-69, G-70. As darkness fell in early evening, Respondents sat illuminated under a chandelier light at a table directly in front of one of these windows. Record G-13. Only a pane of glass and a set of blinds that featured a series of laths, Record G-50, separated Respondents from the adjacent common area. On the night in question, the blinds, though drawn, had a gap in them large enough for a citizen who passed by and an officer who stood a foot or more from the window to view easily the entire illuminated interior scene. Record G-13.

As you might imagine, you should use this method sparingly. A one-sentence paragraph is a dramatic technique; if overused, it will lose its drama and annoy the reader.