Clarity for a trial lawyer can come, often, far from the courtroom or a law office. For example, on a beach in Florida, just after sunrise, running with a colleague. And it was in such a place, running along the Gulf of Mexico, that some clarity came to what I originally thought was a controversial
We have all seen it or read it in a transcript – the self-satisfied if not smirking delivery of the lines “were you lying then or are you lying now” after a witness has been impeached. And what follows is all-too-often an explanation that defeats the juxtaposition of the two differing versions of events –
Is it impermissible to use the term “victim” in a criminal trial? On its surface, the question may appear silly – the trial has a victim [accuser] and defendant [accused]. Yet the issue arises periodically, and was highlighted in recent trials. First, who or what is a victim? According to Black’s Law Dictionary, it is
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
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 poet John Donne wrote the timeless words Death, be not proud, though some have called thee Mighty and dreadful, for thou are not so. But in the Commonwealth of Pennsylvania, the more apt words might be Of our death penalty system BE NOT PROUD, For too many lawyers are not mighty but instead are
Biases distort judgment. It’s as simple as that. They skew how we think, what we believe, and the value we set when we judge the pain and loss of others. And of course this is not limited to law, lawyering and courts – the problem is everywhere. For example, studies have shown that in medicine
Temple Law, the plaintiffs’ Bar, and many of the finest advocates mourned the recent loss of Herbert ‘Herb’ Kolsby. A giant of the Philadelphia Bar and a 1951 Temple Law graduate, Kolsby litigated personal injury cases on both small and grand scales, taking on auto and drug manufacturers. But Kolsby was so much more than
Memory – how good is it? The law favors memory – we make witnesses tell their stories months or years after an event but preclude use of their diaries or memos to the file. And memory reliability gets ‘politicized‘ – those who prosecute often default in favor of trusting memories long after the event, while
We have all heard the phrase “missing the forest for the trees.” That tunnel vision is, sadly, predominant in trials – lawyers miss the big picture by focusing on only one aspect of an argument or objection; and judges, guided to the narrower perspective, almost always are then drawn away from the big picture. This