Remove Closing Argument Remove Cross-Examination Remove Evidence
article thumbnail

This Was a HORRIBLE Example of What Lawyers SHOULD NOT Do During Closing Arguments

Gerry Oginski's New York Legal Blog

I thought you're not supposed to allow the witness to explain anything when cross examining a witness," she said. "You're It's the jury who has to evaluate the evidence to determine who was believable. A bare-bones, no frill, no substance, no great oratoracle skills closing argument.

article thumbnail

THE CHARACTER WITNESS CONUNDRUM

Temple University Beasley School of Law - Advocacy

And character testimony may be challenged on cross-examination. The theory is simple if not simplistic: if the witness says “yes, I’ve heard of that conviction” then the prosecutor, in closing argument, may question that witness’ standards. And everyone knows the old phrase that “questions are not evidence.”

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

BLINDERED BY THE LIE

Temple University Beasley School of Law - Advocacy

In a capital case, the following cross-examination occurred: Q: On direct examination you said that you saw my client go into the alley. The cross of the cooperator went through the statement line by line, making the witness admit that every sentence that reduced the culpability of their client was A LIE. But this lawyer?

article thumbnail

Visualization as a Tool to Enhance Performance: Picture Yourself in the Courtroom

The Successful Lawyer

See yourself describing the important evidence in the context of your theory and theme. Visualize witness examinations. Watch your client’s demeanor as he or she is cross-examined as well. Imagine the actual cross-examination to help you prepare ways to preemptively neutralize it.

article thumbnail

POLARIZE THE CASE

Temple University Beasley School of Law - Advocacy

In one iteration of his “Ten Commandments” lecture on cross-examination, the famed advocacy teacher Irving Younger posited that ‘less is more.’ 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.”

article thumbnail

Why the BEST Trial Lawyers in New York DON'T Do a Touchdown Dance When They Score Points at Trial

Gerry Oginski's New York Legal Blog

You'll get to present your evidence. The jury will get to listen to cross-examination of 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.

article thumbnail

Judicial Notice: Four Must-Know Rules

Evidence at Trial

One its expert witnesses walked the jury through powerful demonstrative evidence detailing DNA contamination in its crime lab. In closing argument, you can run through the facts of the case and—referring to the fact judicially noticed—remind the jury that this fact is beyond dispute, because the judge said so.