The Barrister’s Toolbox
A Resource for Trial Advocacy
/
Tumblr
/
-
FAST AND DIRTY JURY SELECTION
The time allowed for jury selection now is typically very brief compared to the time allotted to attorneys years ago when I first started practicing. I used an approach similar to the one suggested here in picking criminal juries where I had much more time to explore the qualifications of jurors and their potential biases.…
-
Erroneous Recognition, Flyfishing and the Honest “Liar”
An “disinterested” adverse eyewitness has just testified and has devastated your case. You know they are wrong, but they were so convincing. They seemed so sincere. What if the jury believes the witness is sincere? If they think the witness is not lying, is all lost? Eyewitness testimony is inherently dangerous. In fact, “erroneous recognition”…
-
The Truth of the Matter When It Comes to Impeachment.
So a witness changes their story on the stand and as a result your case is at risk of being directed out for insufficient evidence. Can impeachment with a prior statement save the day? Maybe… In order to present extrinsic proof of the prior statement, it will have to be authenticated by the impeached witness…
-
Confirmation Bias: Foe of Justice and Truth
“Confirmation Bias” has nothing to do with the Holy Spirit. It is a mindset we all are susceptible to in the way we see the world. ‘Confirmation Bias’ is a psychological phenomenon that explains why people tend to seek out information that confirms their existing opinions and overlook or ignore information that refutes their…
-
All Things Have a Rhythm Inluding Your Closing and Examinations
I was listening to a new album by cousin Peter Neff that he created in collaboration with his co-composer Mauricio Yazigi titled Spanish Guitars. The sound and rhythm is mesmerizing. It reminded me that a good cross-examination or closing argument has its own rhythm and melody. The pace and delivery both lulls and controls the…
The Barrister's Toolbox 