Monthly Archives: January 2014

TLC_028: MANSLAUGHTER

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man-in-prisonIn This Episode:

I pull back the curtain on the laws relating to the LAW OF MANSLAUGHTER.
There are 3 types of manslaughter: Voluntary, Involuntary and Vehicular.  Within these categories we find issues of reckless disregard for human life and acts committed during misdemeanors and non-dangerous felonies. The main distinction between a charge of murder and a charge of manslaughter is the lack of the element of malice in the killing. The distinctions within the manslaughter laws themselves have to do with the intentionality of the killing itself.

Manu cases have been in the news in the past several years involving the charges of manslaughter. Some of the more famous include the case of Dr. Conrad Murray convicted of involuntary manslaughter in the death of Michael Jackson, Josh Brent, the former Dallas Cowboy convicted of vehicular manslaughter in the death of his friend and teammate Jerry Brown and the case of George Zimmerman where some felt that if charges were going to be filed at all that murder was inappropriate and manslaughter was the appropriate charge.

The punishment for manslaughter is ofter drastically lower than the punishment for murder, especially involuntary manslaughter. The law recognizes that the circumstances surrounding the act of killing determine a person’s culpability. The role of the defense lawyer is to investigate those circumstances and present them to the trier of fact in such a way as to argue for the appropriate charge and punishment for the unlawful killing.

TRIAL LAWYER MENTOR Quick Tip:

Some ideas about making your presentation more relatable and thereby more persuasive. We talk about how you can incorporate “universal” examples, metaphors and analogies into your talk to hook the audience and get them to relate to your speech. Also, a brief tip on finding “universals” within small niches.

 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. And be sure to check back soon for a special offer exclusively for attorneys!

Download AUDIO here (MP3)

 

 

TLC_027: MURDER

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Chalk-Scene-MurderIn This Episode:

I pull back the curtain on the laws relating to the LAW OF MURDER.
First degree murder is the unlawful killing of a human being with malice aforethought carried out in a willful, premeditated and deliberate manner. 2nd Degree murder lacks the willfulness, premeditation and deliberation but malice is implied by the conduct, the circumstances or the conscious disregard to human life.

Murder trials are often viewed by trial lawyers as the pinnacles of their career. If television shows and infotainment “news” programs are any indication, the general public is fascinated by these unique, often complicated and dramatic trials as well. In states where the death penalty is used, there are very specific circumstances (often called special circumstances) under which a murder is committed that allow the state to seek to impose the ultimate punishment. Some of these have to do with the actor himself, such as a repeat offender, others have to do with motive, as in murder for financial gain, murder that is racially motivated. Some have to do with the actions themselves being above and beyond what is necessary to kill a person, such as torture. And still others have to do with the identity of the victim, such as the killing of a police officer, an elected official, a witness, a juror or a judge.  Some states still have a catch-all circumstance that the murder was particularly heinous or horrendous.

There are also specified felonies that if a killing during the course of their commission, the murder is deemed first degree even if a killing was not the original intent of the perpetrators. In California, these include: murder by weapon of mass destruction, by an explosive device, murder with a weapon whose ammunition is designed to pierce metal or armor, poisoning, lying in wait (ambush) and torture. Other states will list different felonies but all will be crimes that in their commission evidence that violence and harm could result form their commission.

TRIAL LAWYER MENTOR Quick Tip:

Quick Tip for keeping in check your perspective when dealing with situations that may be considered minor or less important than other situations and how refusing to “call it in” will make your presentation or relationship more compelling.

 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. And be sure to check back soon for a special offer exclusively for attorneys!

Download AUDIO here (MP3)