About Jules M Epstein (hehimhis) Despite familiarity with the phrase “less is more,” lawyers can’t seem to help themselves – they ask question after question after question. That this irks jurors is beyond doubt. As one article written by a jurist who interviewed hundreds of jurors reported, The most important theme that came through on evidence presentation: do not repeat
As best I can discern, there was no formal discipline of cognitive psychology during the time of the ancient Greeks – no polls on google, no studies with mock juries, no control groups and no brain scans. Yet Aristotle penned advice that seems core to the force of narrative and how we might capture an
It is no surprise that many feel dismay over the acquittal of Kyle Rittenhouse and see the verdict as resulting from the American tolerance of gun culture; a nearly all-white jury favoring a white defendant; a baby-faced [in the jurors’ eyes] teen who did not match a stereotype of a ‘gun-toting’ marauder; and a reaction
The great jazz trumpeter Miles Davis recorded his classic Seven Steps to Heaven in 1963, with no explanation as to why this was the number of steps needed to ascend. He just laid down a seven beat, seven note structure and the music flew. Well, perhaps there are an equal number of steps to “hearsay heaven,”
Among Irving Younger’s commandments were the well-known dictates of “be brief” and “save the ultimate point of your cross for summation.” The latter was the model for an eyewitness cross-examination at a recent training on litigating mistaken identification cases, but when we polled the mock jury one of its members – discussing the cross –
A successful opening statement: Draws in the listener from the first sentences; Narrates facts into a story-board or framework that the audience – judge or jury – is familiar and comfortable with; Tells that story with less attention to finite details and more to ensuring that the gist is grasped; Is persuasive without becoming argumentative;
The prevailing practice in many jurisdictions, usually compelled by custom rather than law, is to ask a testifying expert whether the opinion proffered or the conclusion drawn is held “to a reasonable degree of scientific certainty.” Yet scientists do not proclaim certainty in their domains; instead they acknowledge and embrace scientific knowledge as an area
Film, Hollywood and otherwise, draws attention to what it means to be a lawyer, both good and bad. Think Atticus Finch, heroically portrayed by Gregory Peck and of such iconic stature that “the American Film Institute deemed Atticus Finch the number one movie hero of all time…” McMillian. A DIALOGUE COMMEMORATING THE FIFTIETH ANNIVERSARY OF
In any case where identification is at issue, the proverbial drumroll sounds at the crescendo of the witness examination when the prosecution asks “and do you see the person, here in this courtroom, who committed this crime?” And invariably the finger points at the accused. Who else would it be pointed at? The lawyers are
“By seeking and blundering we learn” – Goethe “I have not failed. I’ve just found 10,000 ways that won’t work” – Thomas Edison. “A spelling mistake in the DNA of a gene within the brain seems to impair the ability of a person to improve their performance based on knowledge of earlier errors.” – News