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Trial Lawyer Confidential — Education
Trial Lawyer Confidential

Pulling Back the Curtain…

Latest Episodes:

U.S. Constitution — TLC_017: DISMISSED ON A TECHNICALITY Aug 11, 2013
Show notes

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)

Cameras_In_Courtrooms — TLC_016: CAMERAS IN THE COURTROOM Jul 28, 2013
Show notes

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)

http://www.dreamstime.com/royalty-free-stock-photos-smoking-gun-image25394858 — TLC_015: CIRCUMSTANTIAL EVIDENCE Jul 14, 2013
Show notes

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)

Witness-Stand — TLC_014: DEFENDANTS TESTIFYING Jun 30, 2013
Show notes

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)

http://www.dreamstime.com/royalty-free-stock-images-forced-confession-agreement-image23017509 — TLC_013: PLEA BARGAINS Jun 15, 2013
Show notes

In This Episode:

I pull back the curtain on Plea Bargains. Justice Kennedy of the United States Supreme Court wrote, “Criminal justice today is for the most part a system of pleas, not a system of trials.” Justice Scalia wrote, “We accept plea bargaining because many believe that without it, our long and expensive process of criminal trial could not sustain the burden imposed on it, and our system of criminal justice would grind to a halt.”

Plea bargaining seems to be vilified by both sides of the political spectrum. Those who favor mass incarceration feel that criminals should be punished to the fullest extent of the law and not given lesser sentences on the basis of judicial expediency. Those who fear the number of innocent people coerced into pleading guilty feel that prosecutors should not be able to threaten life sentences in order to procure pleas in weak cases.

The Supreme Court has dealt with the issue sparingly. There are pros and cons to plea bargaining and the system is fraught with great potential for unfairness and unequal treatment, but there seems to be no viable alternative to its existence. Hear the pros and cons in this episode and lest you believe that you would never be coerced into pleading guilty to something you did not actually do, check out a recent study published in the Journal of Criminal Law and Criminology. Authors Lucian E. Dervan and Vaness Edkins found that more than 50% of college students in the study who were falsely accused of cheating wound up admitting guilt anyway in return for a perceived benefit.

TRIAL LAWYER MENTOR Quick Tip:

I offer two strategies to consider when you are engaged in negotiations and trying to come to a meeting of the minds.

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)

Jury_Room — TLC_012: JURY NULLIFICATION Jun 08, 2013
Show notes

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)

Death_Chamber — TLC_011: THE DEATH PENALTY May 25, 2013
Show notes

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)

scales_of_justice — TLC_010: BEYOND A REASONABLE DOUBT May 15, 2013
Show notes

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)

TLC_009: PRESUMPTION OF INNOCENCE May 02, 2013
Show notes

In This Episode:

I pull back the curtain on the Presumption of Innocence. A defendant in a criminal case is presumed innocent unless and until the prosecution proves his guilt in a court of law beyond a reasonable doubt.

I discuss the law applying to the presumption, why the court is required to instruct the jury on it, as well as the origin of the concept and the ways it is sometimes eroded in courtrooms across the country. I also answer the question about why it is necessary to apply the presumption of innocence even in cases where the guilt of the accused might seem patently obvious.

TRIAL LAWYER MENTOR Quick Tip:

I offer tips for making your point in any persuasive presentation with the use of analogy and why its so important for the analogy to be dead-on to the point you are making as well as topical to your audience.

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)

miranda — TLC_008: MIRANDA WARNINGS Apr 20, 2013
Show notes

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.”

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)

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