About Jules M Epstein (hehimhis) Among the many issues to be consider by the Pennsylvania Supreme Court in this next year, one with low visibility but high impact is the question posed in this column’s title – when deciding what factors a judge may consider before imposing sentence, may a defendant’s history of arrests be considered? According to a recent
Experts. One might say that lawyers ‘can’t live them and can’t live without them.’ Experts are often key (or deemed key) to an effective trial strategy; experts can be the key to a correct adjudication or the cause of a miscarriage of justice; and they can bedevil advocates either by their deft maneuvering or clumsy
As advocacy teachers and advocates we thrust “theme” on our students and our audiences [jurors]. We do so with good cause – and we insist that it be embedded in the primacy moment of our presentation. Our students comply – with somber or indignant righteousness they intone the catchphrase of the case, be it the
A jury of nine spoke with one voice. Donald Trump sexually assaulted a woman, brazenly, in a high-end department store, lied about it, and maliciously defamed his victim. To put it mildly, Mr. Trump was likely not the easiest client to represent, and his cause not the easiest to defend. But the case warrants a
A cardinal principle for lawyers is that words count. A closing argument may run afoul of the law when “I believe” slips in; a case may be overturned when a judge ad-libs a jury instruction; and of course a jury may be misled when words are incomprehensible – the bane of most jury instructions –
Think of a Viking. A four word command, a simple task. And what pops into your mind? Is it something like this picture, like the fierce warrior Leif Erickson? That’s what transpired when the grave of a Viking was discovered in 1878. This is what was seen (an artist’s rendering): The assumption – a male
Governor Shapiro’s decision to continue the moratorium on executions and call for legislation to end the death penalty deserve praise and support as being just, smart, moral, and good criminal justice policy. As the Governor said, “The system is fallible, and the outcome is irreversible.” Pennsylvania’s death penalty process has been a failure – it
Civil and criminal court litigators – beware. A new decision of the Pennsylvania Superior Court in a criminal appeal has radically upset the calculus lawyers must perform if they lose a motion in limine and want to decide whether to front (or “own”) the bad fact. Doing so may now cost a litigant the chance
Calling a witness a “Bimbo.” Making suggestive hand gestures. These were highlighted facets of two closing arguments in high-profile criminal trials in the calendar year 2022. Were they a reflection of our national political discourse; an attempt to be aggressive as part of zealous representation; or offensive, stupid and ineffectual? The final term – ineffectual
Many may believe (depending on the jurisdiction or the judge) it to be fundamental – indigent defendants are entitled not only to free counsel but to the essential services needed to investigate and present a defense: funds for an investigator to track down witnesses, funds for a psychiatrist or psychologist for a mental health defense,