2022 – THE YEAR OF THE CRASS (IN CLOSING ARGUMENTS)

Crotch-grabbing.  “Bimbo.” 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 – has no metric; it is impossible

PERSUASION SCIENCE FOR TRIAL LAWYERS

Is trial advocacy art, science, or some of each?  The answer is definitely the third, although the science part often gets lost in the shuffle or is alleged science with no data to back it up [think {80% of juries decide the case after opening” or “a picture plus words causes 60% fact retention”].  Finding

ONE LINE LESSONS

The following “one line lessons” for excellence in advocacy were contributed by members of the national trial advocacy listserv.  The submissions are organized topically, with the contributors’ names preceding their contributions.   CASE THEORY Brett Bayne Shamelessly stolen from Herb Brooks and the 1984 Miracle on Ice, he reportedly strolled the bench behind the players

THE “COOPERATING WITNESS” AND THE SEARCH FOR VERACITY

More than a decade ago, the New Jersey Supreme Court wrote the following about eyewitnesses: “Without persuasive extrinsic evidence, one cannot know for certain which identifications are accurate and which are false—which are the product of reliable memories and which are distorted by one of a number of factors.”  State v. Henderson, 208 N.J. 208,

WHAT “OPENS THE DOOR?”

It is a regular occurrence in trials for one party to approach the Judge and say “Your Honor,” they just opened the door to X; may I now ask questions or present evidence on that point?”  The response may be more reactive than reasoned, and that is because we rarely discuss the legal principles underpinning

A FUNDAMENTAL FLAW – IT’S NEVER MY FAULT, IT’S ALWAYS THEIRS

Jurors, and perhaps people in general, are often poor at judging those whose lives and experiences differ from their own.  June’s BRAIN LESSONS wrote about one aspect of that inadequacy, what Grant told us is called “Conditional-Contrastive Inculpation”  [see https://law.temple.edu/aer/2022/06/17/brain-lessons-the-words-in-a-sentence-of-guilt/ ].  In its simplest words, we become judgmental by saying that “I wouldn’t have responded

Developing a Strong Law School Advocacy Program: Some Thoughts and Observations

David Raack[1]   Although some law schools have robust and well-developed advocacy programs, a significant number don’t.  Schools without a strong program may wish to develop one, and this article addresses that scenario. (The term “advocacy program” is used here to include mock trial, moot court, and ADR components.) The purpose of this discussion is