Trial Lawyer Confidential - TLC_011: THE DEATH PENALTY

TLC_011: THE DEATH PENALTY

05/25/13 • -1 min

1 Listener

Trial Lawyer Confidential

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:

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)

Previous Episode

TLC_010: BEYOND A REASONABLE DOUBT

1 Recommendations

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)

Next Episode

TLC_012: JURY NULLIFICATION

1 Recommendations

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.