Monthly Archives: May 2013

TLC_011: THE DEATH PENALTY

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Death_ChamberIn 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)

 

TLC_010: BEYOND A REASONABLE DOUBT

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scales_of_justiceIn 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

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img3In 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)