Much has been written about story-telling, and the use of stories to frame issues at trial. Two discrete documents – one a new law review article about story-telling versus scientific fact; the second a classic psychology text from 1932, describing an experiment where people read and then recalled a Native American story called “The War
The dilemma is simple, the law growing more complex. A prosecutor wants to tell a rich and complete story, and asks the Officer or Detective how or why a suspect came to be arrested, or even how a person became the focus of police scrutiny or came to be in a photo array. Yet eliciting
Pennsylvania Courts still struggle with the 803(3) state of mind hearsay exception The day a woman died, a note was found on her day planner in her handwriting that read “”If something happens to me – JOE.” Needless to say, “Joe” ended up charged with murder. And in upholding the admission of the note
“The DNA profile from the crime scene shares the same alleles as the DNA from the accused.” That is a statement of fact or an expert opinion, but whatever it is it is not lay opinion. “I ride bicycles a lot. When the brake pads start to wear down, it’s riskier to ride in the
The not-so-veiled threat made to Michael Cohen – “Do your wife & father-in-law know about your girlfriends? Maybe tonight would be a good time for that chat. I wonder if she’ll remain faithful when you’re in prison. She’s about to learn a lot.” – created an uproar and ultimately an apology of sorts. Whether the
Everyone has seen words taken out of context, and thus given new and unintended meaning. Consider the movie review that reads “nothing about this film is excellent.” What ends up in the advertisement? “Daily Journal says ’excellent.’” What happens in advertising or political chicanery has no place in the courtroom, and Rule 106 is intended
Since 1984, it has been clear that the Sixth Amendment right to “the assistance of counsel for his defense” means the right to effective counsel. This is what is called, in criminal law practice, the Strickland rule. As more than one court has put it, “[r]epresentation by counsel means more than just having a warm
When does an opening statement, meant to be persuasive, veer off into impermissible argument? The line is in some sense indefinable – and it feels like the only formula is like that of obscenity – “I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand
When a child dies and there are signs of physical abnormalities—bruises, tearing, etc.—the result may be testimony of “unquestionable” or “unmistaken” signs of sexual abuse. That in turn may lead to criminal prosecution, conviction, and even a sentence of death. Yet both the advance of science and the simple act of paying greater attention to
In a recent article on how to structure and deliver a potent opening statement, the author, Director-Elect of the National Trial Academy, wrote the following: To simplify a case mired in complex terms and evidence, avoid using legalese and overcomplicating the facts and evidence. Simply put, use plain language. Below is an example of two