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Month: December 2011

A TRIAL IS A MORALIITY PLAY

A TRIAL IS A MORALIITY PLAY

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I read a recent article about the importance of “morality” in the trial story. What is really involved is finding the underlying issue which connects with the jurors universal ideas of right values.  It is also connected to the idea of “reptile” i.e. those basic instincts which we possess regarding survival. Here are the items the article listed regarding morality. Are You Protecting Us? We’ve evolved with “attachment systems” that include an ability to feel and dislike pain, and insecurity in…

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A FEW RANDOM THOUGHTS ABOUT TRIAL TACTICS

A FEW RANDOM THOUGHTS ABOUT TRIAL TACTICS

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Here are a couple of thoughts about trial tactics: FOCUS ON THE DEFENDANT – NOT THE PLAINTIFF. START THE STORY TALKING ABOUT THE DEFENDANT. “Availability bias” jurors will begin filling in the blanks, asking themselves questions, and focus upon the behavior of the FIRST party discussed. They will construct their understanding of the case in the context of the defendant’s behavior and not focus on what the plaintiff did or should have done. “Defensive attribution” If the facts are inconsistent…

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SHOULD YOU OBJECT OR NOT?

SHOULD YOU OBJECT OR NOT?

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Should you object at trial? Some advocates recommend never objecting and others exercise their right to object at every opportunity. Here is what an excellent source has to say about the issue:Jury research institute: http://www.juryresearchinstitute.com/articles/faq/page-3.php “Two factors must be weighed in terms of aking evidentiary objections. For some cases “protecting the record” for appeal may be of paramount importance and thus, issues relating to the impact of objections on the jury are secondary. In either case, counsel should be aware…

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