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Category Archives: Trial theory
Music in trial
Music can be a powerful tool – in trial preparation and, when appropriate, in trial as well. For many cases, I am able to find a song that sums up the emotion of the case or that encapsulates my client … Continue reading
Posted in Evidence, Jury dynamics, Jury trials, Poetry and music, Story, Trial preparation, Trial theory
Jury Nullification law passed in New Hampshire
New Hampshire has signed into law a statute that essentially allows the defense to inform the jury of their right to nullify the law in light of the facts of any particular case: 519:23-a Right of Accused. In all criminal … Continue reading
Posted in Ethics, Jury dynamics, Jury nullification, Trial theory
Mitigation and point of view
Whether a client’s goal is a dismissal, an acquittal, a reduced charge or a reduced sentence, I’ve found that mitigation is an essential part of preparing the case. We now have one paralegal who is responsible for gathering documents, letters, … Continue reading
Posted in Books on trial practice, Story, Trial preparation, Trial theory
Win Your Case
In Win Your Case, Gerry Spence describes his approach to trying cases, and essentially lays out the method that is shared at Spence’s Trial Lawyers College in Wyoming. He begins with the importance of self-discovery, a lifelong process that … Continue reading
Trial Chicken – a day in the life
Last week was a term of court for Horry County Central Jury Court – on Thursday, six cases were dismissed that morning; cases where we would not accept pre-trial diversion or a plea, and insisted on a trial that morning. … Continue reading
Posted in Humor, Jury trials, Trial theory
The Blind Poet – communication and persuasion
In his article, Trial Theory and Blind Poetics, Steven Lubet says that the central dilemma of litigation is that memory is visual, but communication is verbal. He concludes that visualization is the key to persuasion. He explains that witnesses testify … Continue reading
Posted in Evidence, Jury dynamics, Poetry and music, Psychodrama, Story, Trial preparation, Trial theory
Should jurors be permitted to question witnesses?
The idea initially makes me a bit nervous – who knows what questions would arise and how do you un-ring the bell when a prejudicial or inadmissible topic comes up? But it does make sense. The jurors are the decision-makers … Continue reading
Posted in Jury dynamics, Trial theory
Tagged jurors, jury duty, jury dynamics, trial practice
Every successful case starts with an act of imagination
A few days ago I found this article, written by professor Steven Lubet at the Northwestern University School of Law, titled “Trial Theory and Blind Poetics.” I’ve read it and re-read it, and I recommend it. It’s relatively short, eight … Continue reading
Crash the system redux
A couple of weeks ago I wrote about the NY Times opinion piece written by civil rights lawyer Michelle Alexander, titled “Go to Trial: Crash the Justice System.” In sum, my opinion was and is that Alexander’s article “speaks the … Continue reading
Posted in Trial preparation, Trial theory
Define Justice
What is Justice? It’s a question that philosophers have attempted to answer for ages, and which eludes those who work in our court system seeking Justice. Justice is fairness. Justice is Mercy, generosity, equality, compassion, kindness. Justice is retribution, punishment, … Continue reading
Posted in Trial theory