A book titled “Biased Trials” will invariably draw the attention of those who take courtroom advocacy seriously, who teach advocacy, or are driven by concerns over disparate treatment. This was a ‘moth to the candle’ attraction. But this book is more than what a trial lawyer needs. It is a study in behavioral economics, a
As with Irving Younger’s “10 Commandments of Cross-Examination,” there are wise rules for other processes occurring before or during trial. This article posits “10 Commandments” for jury selection: Be personable and professional Personalize client and self Eliminate barriers Escalate gradually Use open-ended questions Initiate a group discussion Use disclosure to obtain disclosure Avoid blue-sky questions
There are certain essential tools for learning how to best design a courtroom presentation, particularly powerpoint. Think of PRESENTATION ZEN by Garr Reynolds, a map through the art of making less do more. Reynolds taught simplicity, visuals over words, and story-telling; and in doing so inspired tributes like this one – How PRESENTATION ZEN fixed
Stories inform, reinforce and ultimately control beliefs; and beliefs inform how stories are heard and valued. In a society with advantaged and disadvantaged groups, the predominant narrative generally favors those with power. To rectify that, a counter-story with particular persuasiveness must be crafted and communicated. But counter-stories are not always the last word. The advantaged
This Article examines the admissibility of women’s sexual fantasies and dreams under the consent exception, traces its origins, highlights its application, argues that sexual fantasies and dreams should not be admissible under the consent exception, and proposes a practical solution to address this problem.
Wrongful convictions; eyewitness error; DNA exonerations. These are the exciting and popularly-acclaimed aspects of criminal defense – preventing or correcting the error of someone being wrongfully accused or imprisoned for an act that never occurred or was committed by someone else. But focusing on those cases ignores the primary role invoked by the Sixth Amendment
There was much to look forward to when a new textbook on trial advocacy, by two experienced women lawyers, was released: new voices, more prominence for women advocates, and [hopefully] the latest in multi-disciplinary insights to teaching and performing the art of litigation. And the promotional material for Camille Abate’s and Kathleen Mullin’s ADVOCACY EXCELLENCE
The French phrase “mise en scene” translates to a: the arrangement of actors and scenery on a stage for a theatrical production b : stage setting 2a : the physical setting of an action (as of a narrative or a motion picture) : context https://www.merriam-webster.com/dictionary/mise-en-sc%C3%A8ne In this important article, Professor Michael Murray uses the 15
Does pre-trial publicity have a lasting effect on juror bias, predisposition, and verdict votes? The answer, according to this study, is “yes,” at least sometimes. More importantly, judicial inquiries of “can you put that outside of your mind” and judicial admonishments to “decide this case on the facts, and not on anything you read or