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He appeared to be in his 80's and had difficulty controlling the doctor on the witness stand. He couldn't control the witness and it showed. He took charge of the entire courtroom when he stood up and introduced himself to the anesthesiologist on the witness stand. The problem was that he was well past his prime.
Temple University Beasley School of Law - Advocacy
JANUARY 16, 2024
They may dispense with proof of facts for which witnesses would otherwise be called.” The same has been applied to closingarguments. Our review of Bentson’s closing statement convinces us that the language quoted above was a straightforward judicial admission, not merely a concession for the sake of argument.
Temple University Beasley School of Law - Advocacy
FEBRUARY 4, 2024
The witness is asked “are you aware” or “have you heard” that defendant X was convicted in 2018 of [name of crime]. The theory is simple if not simplistic: if the witness says “yes, I’ve heard of that conviction” then the prosecutor, in closingargument, may question that witness’ standards. ” Michelson v.
In the spirit of correcting past problems and forging new habits, here’s a list of litigation resolutions – from case intake to closingargument – to put your trial strategy either back on track or to keep it on track. Instead, resolve to put your witness through a mock deposition practice session.
— Franklin Delano Roosevelt Too often in jury trials, attorneys mistakenly think getting evidence admitted is a dry and mechanical process separate and apart from the task of persuasion. Closingargument, the theory goes, is when it will all come together. "Be sincere, Be Brief, Be seated. This was not always the case.
All the witnesses have testified. All the exhibits have been introduced as evidence. It's time for the attorneys to make closingarguments. Whether he chooses to settle or not is not an appropriate argument to make during closingarguments at your trial. It happens on both sides.
See yourself describing the important evidence in the context of your theory and theme. Visualize witness examinations. Conclude by imagining your closingargument, packaging the story for maximum impact. See yourself delivering the argument in a strong and confident manner. Visualize your rebuttal.
Temple University Beasley School of Law - Advocacy
DECEMBER 15, 2023
When showing a witness’ bias, you need not call them out as a liar; instead, simply argue in closing “and the witness, who testified for the defendant – it’s their mother.” The post POLARIZE THE CASE appeared first on Advocacy and Evidence Resources. But this principle may need to be flipped on occasion.
One its expert witnesses walked the jury through powerful demonstrative evidence detailing DNA contamination in its crime lab. When asked to explain how, the defense attorney stated that in future cases, "the defendants' attorneys will simply ask the court to take judicial notice of the [expert witness'] testimony." Pretty dull.
You'll get to present your evidence. The jury will hear the defense witnesses. The jury will get to listen to cross-examination of the defense witnesses. They will also be watching closely cross examination of your witnesses. During cross examination, an attorney's goal is to show that the witness is lying.
Temple University Beasley School of Law - Advocacy
AUGUST 29, 2023
They came to mind, sadly, when reviewing a defense lawyer’s attempt to impeach a cooperating witness. Decades ago I witnessed this malady in a more general form, a lawyer impeaching a witness only to make the case worse for the accused. Was the witness impeached with an inconsistency? What do I mean? But this lawyer?
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