Trial Lawyer Confidential

In This Episode:

I pull back the curtain on defendants testifying on their own behalf. We explore the myths surrounding why a defendant would choose to testify or choose not to testify. There are a variety of factors that lawyers use to decide whether to call their client as a witness. Some have to do with the charges, some with the client himself and some even have to do with the prosecutor assigned to the case.

In high profile cases, the pundits play armchair quarterback, lauding or mocking other lawyers’ decisions to call their clients to the stand, but the reality is, it is nearly impossible to second guess the decision of the trial lawyer. He or she alone is armed with the necessary information to make that call and the facts from inside a case are often much different than the facts available to outside commentators.

TRIAL LAWYER MENTOR Quick Tip:

The process for deciding which witnesses to call to the stand can be helpful for anyone putting together a compelling argument or persuasive presentation. Learn how to use the same factors to keep your presentation focused and move your argument forward.

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 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:

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.”

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 Circumstantial Evidence. Learn the major misconceptions about circumstantial evidence and how defendants and the general public often underestimate the power of this type of evidence in a trial. We will explore some high profiles cases over the last several years that were based mostly on circumstantial evidence such as: Casey Anthony, Robert Blake, Scott Peterson, OJ Simpson and another recently arrested professional athlete.

TRIAL LAWYER MENTOR Quick Tip:

Tips and strategies for finding several different ways to explain a complicated concept to your audience or jury. When an important point is somewhat complicated, the more options you give your audience to learn that concept, the more likely it is they will understand.

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 Jury Nullification. Jury nullification occurs when a jury acquits a defendant even though they believe the case was proved beyond a reasonable doubt. This can happen when they believe the law itself is unjust or it would be unjust to apply it in this particular case.

While nullification is a powerful and awesome power, it is not codified in the law and jurors are never instructed that they have this power. In fact, lawyers are not allowed to openly ask jurors to nullify.

However, once a “Not Guilty” verdict is entered, short of a claim of jury misconduct, the court will never inquire into the WHY of that verdict. The 5^th Amendment’s protection against double jeopardy means that this verdict is sacrosanct and it is the final judgment. This makes nullification one of the most mysterious yet powerful principles in our criminal justice system.

Learn the historical basis for this principle as well as a potential real life recent examples of when a jury may have engaged in this practice.

TRIAL LAWYER MENTOR Quick Tip:

I offer a quick introduction to the concept of “seeding” your speech or persuasive presentation in order to compel your audience to act without coming right out and asking them to act.

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)