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
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
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
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
Did you know about the lawyer who: Told their client they could not testify because their criminal record and its details would be admissible where the law was directly to the contrary. Let the jury know their client “lawyered up” and sat idly by while the prosecutor argued that as proof of guilt. Filed a
Which of these is “true?” “Veredictum, quasi dictum veritas; ut judicium quasi juris dictum. A verdict is, as it were, the saying of the truth, in the same manner that a judgment is the saying of the law.” https://legal-dictionary.thefreedictionary.com/Veredictum (last visited March 17, 2022). The jury’s job is not to determine the truth of what