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OPENING STATEMENT V. ARGUMENT – WHERE IS THE LINE?

Opening statement is intended as an outline of a party’s anticipated proof. 3. Opening statement should not refer to matters that are not to be presented as evidence. 4. The scope and extent of an opening statement is within the trial court’s control. 5. The trial judge can exclude irrelevant facts and stop argument if it occurs. United …

Taking the Sting Out: Using Direct Examination to Anticipate and …

Lubet, MODERN TRIAL ADVOCACY, 3 rd Edition, 53 (NITA, 2010). So, how and when does an advocate ‘take the sting out?’ First, consider a definition of this idiom, which is “to make something that is unpleasant a little less unpleasant.” … Ms. Witness, you’ve told us about the accident and how the cars drove that night. The jury, of …

“Gruesome” Evidence, Science, and Rule 403 – Voices at Temple

Can science step in and assist in Rule 403 determinations of “unfair prejudice”? When confronted with “gruesome” evidence, all too often autopsy photos or images of severe injuries, judges must assess whether there is a risk of unfair prejudice or misleading the jury and then, if the risk is present, “may” exclude the proof. 1 Yet there is no court-dictated workable metric for …

The Growing Case for Revisiting Section 230

Free speech purists have declared Section 230 to be akin to the 1st Amendment, claiming that revoking Section 230 in its entirety would essentially encourage internet companies to censor everything that could cause a lawsuit—regardless of its truthfulness or untruthfulness.