Trial Lawyer Confidential

In This Episode:

I pull back the curtain on the legal standard of proof: Beyond a Reasonable Doubt. It is the highest burden of proof in the American justice system and reserved only for trials where life or liberty are at stake.

I discuss the other standards proof in the legal system: Preponderance of Evidence and Clear and Convincing Evidence as well as the origins of the burdens of proof and how their definitions continues to evolve.

TRIAL LAWYER MENTOR Quick Tip:

I offer tips on how the use of very specific examples can help you be more compelling and persuasive in your next trial, speech or presentation.

LAWYERS and LAW STUDENTS:

Click here to sign up for our free newsletter that offering in depth tips and strategies for mastering the Art of the Jury Trial.

Download AUDIO here (MP3)

In This Episode:

Hear how lawyers decide which jurors they want to keep on their jury and which they want to excuse. Jury selection is a lot like speed dating. You have a very limited amount of time with strangers to decide if you want to keep them around or if you never want see them again. Also I offer tips to make Jury Duty a lot less painful.

TRIAL LAWYER MENTOR Quick Tip:

I offer a strategy for getting better at jury selection faster and how you can use this same technique to improve all aspects of your trial practice.

LAWYERS and LAW STUDENTS

Click here to sign up for our free newsletter offering in depth tips and strategies for mastering the Art of the Jury Trial.

Download Audio Here (MP3)

In This Episode:

I pull back the curtain on Plea Bargains. Justice Kennedy of the United States Supreme Court wrote, “Criminal justice today is for the most part a system of pleas, not a system of trials.” Justice Scalia wrote, “We accept plea bargaining because many believe that without it, our long and expensive process of criminal trial could not sustain the burden imposed on it, and our system of criminal justice would grind to a halt.”

Plea bargaining seems to be vilified by both sides of the political spectrum. Those who favor mass incarceration feel that criminals should be punished to the fullest extent of the law and not given lesser sentences on the basis of judicial expediency. Those who fear the number of innocent people coerced into pleading guilty feel that prosecutors should not be able to threaten life sentences in order to procure pleas in weak cases.

The Supreme Court has dealt with the issue sparingly. There are pros and cons to plea bargaining and the system is fraught with great potential for unfairness and unequal treatment, but there seems to be no viable alternative to its existence. Hear the pros and cons in this episode and lest you believe that you would never be coerced into pleading guilty to something you did not actually do, check out a recent study published in the Journal of Criminal Law and Criminology. Authors Lucian E. Dervan and Vaness Edkins found that more than 50% of college students in the study who were falsely accused of cheating wound up admitting guilt anyway in return for a perceived benefit.

TRIAL LAWYER MENTOR Quick Tip:

I offer two strategies to consider when you are engaged in negotiations and trying to come to a meeting of the minds.

LAWYERS and LAW STUDENTS:

Click here to sign up for our free newsletter where I share in depth tips and strategies for mastering the Art of the Jury Trial.

Download AUDIO here (MP3)

In This Episode:

I pull back the curtain on Miranda warnings: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you desire an attorney and cannot afford one, one will be appointed to you free of charge before questioning.

Do you understand each of these rights? Do you waive them and give them up so that I can speak with you now?

While it seems that these days any school child can recite the warnings by heart, many people don’t know how they came into being and why police are required to read them to suspects in custody before they are interrogated. Learn about the warnings and the defendants behind the cases that led to this staple of the American criminal justice system.

Also, I will reveal the biggest misconception about the laws related to the Miranda warnings and the actual consequences when the laws are violated.

TRIAL LAWYER MENTOR Quick Tip:

In light of a discussion about the right to remain silent, I offer an explanation about one of the most valuable pieces of advice I ever received as a new lawyer that applies not only to cross-examination and arguments but to any persuasive presentation: “Never miss a good opportunity to keep your mouth shut.”

LAWYERS and LAW STUDENTS:

Click here to sign up for our free newsletter that offering in depth tips and strategies for mastering the Art of the Jury Trial.

Download Audio here. (MP3)

In This Episode:

I expose Bad Laws: Laws that were passed to placate us and make us believe we are “tough on crime”, but in reality do more harm than good and often are not worth the money it costs to enforce them. Specifically addressed are the “THREE STRIKES” law and laws requiring lifetime registration for all sex offenders.

TRIAL LAWYER MENTOR Quick Tip:

I offer some advice on how to start your jury selection when your client is accused of a crime that carries a horrific social stigma.

LAWYERS and LAW STUDENTS

Click here to sign up for our free newsletter offering in depth tips and strategies for mastering the Art of the Jury Trial.

Download Audio Here (MP3)