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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)

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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)

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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)