TLC_017: DISMISSED ON A TECHNICALITY
08/11/13 • -1 min
1 Listener
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 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)
Previous Episode
TLC_016: CAMERAS IN THE COURTROOM
1 RecommendationsI 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)
Next Episode
TLC_018: FALSE CONFESSIONS
In This Episode: I pull back the curtain on False Confessions. What would possibly compel an innocent person to take responsibility for a crime he did not commit? We will explore the psychological studies that have delved into this phenomena … Continue reading
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