Trial Lawyer Confidential

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.”

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In This Episode:

I pull back the curtain on cameras in the courtroom. What effect do cameras have on the participants and the viewing audience in a criminal trial? While the right to a speedy and public trial is guaranteed to us in the 6th Amendment of the United States Constitution, this does not necessarily lead to the conclusion that electronic media ought to be permitted in criminal jury trials.

When CourtTV first made its application to feature “gavel to gavel” coverage of jury trials, they claimed it would be an educational endeavor, offering viewers an insider’s look at the criminal justice system. Sadly, the coverage of trials now is more akin to gladiator contests where men’s lives are at risk and the media is standing in the arena, selling tickets and placing bets. Learn where the law stands now, how it has evolved and one solution that would balance the public’s right to know with the right of the accused to receive a fair trial.

TRIAL LAWYER MENTOR Quick Tip:

Tips and strategies for finding your own “focus groups” or what I like to call “The Poor Man’s Guide to Mock Juries.”

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In This Episode:

I pull back the curtain on the legal rulings that result in cases being dismissed on a technicality. When a case is dismissed on a technicality in the criminal justice system, it usually means that a court has determined that the evidence sought to be used against the defendant was obtained in violation of his constitutional rights.

The disallowance of this evidence is the product of the exclusionary rule. This is the remedy the courts have fashioned for constitutional violations. Hear the history of the rule and why it became necessary to fashion this remedy for the flagrant violations of citizens rights.

TRIAL LAWYER MENTOR Quick Tip:

A brief discussion on the power of naming and defining themes on your terms.

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 the Death Penalty. I discuss what makes a person eligible for the death penalty versus life with the possibility of parole. I also explain my multi-layered opposition to the Death Penalty and how, regardless of one’s belief in the righteousness of the penalty, one has to consider the disparate ways it is currently enforced. There is a difference between thinking a person deserves to die for the crime he has committed and believing that the Government has the right to kill them.

In the podcast I reference TWO men who most legal scholars believe have been wrongfully executed: Carlos De Luna and Cameron Todd Willingham. To read more about Carlos De Luna, click here for an extensive review of the evidence prepared by Columbia Law School professor James Liebman and his team of law students.

To read more about Cameron Todd Willnghmam, click here for an extensive discussion of the case published in the New Yorker Magazine written by David Grann. Also, there is a movement afoot to gain a posthumous pardon for Mr. Willingham, click here, to read more about that legal battle.

TRIAL LAWYER MENTOR Quick Tip:

I offer tips on how not to bore jurors and your audience to death when you need to cite statistics in your presentation or case.

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 reveal what happens to a person from the day they are arrested for a crime to the day their actual jury trial starts. If you cannot afford to post bail, you may spend up to 3 months in jail waiting for your trial to begin. Some trials take years to prepare. You will also learn about plea bargains and why they are necessary but are also how they are used to deny defendants their right to trial.

Do you ever wonder why you are sometimes called for jury duty only to spend a whole day in the waiting room and never get called into a courtroom? I’ll explain what may be the cause of that frustrating day.

TRIAL LAWYER MENTOR Quick Tip:

I offer some advice on tag lines and stories. Whether you are trying to persuade a jury to acquit or your boss to give you a raise or your prospective client to hire you, it all comes down to the story you tell. The best way to structure your story is to boil it down to the TV GUIDE taglines of old.

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)