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 closing arguments. 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.

Closing Argument 40

Closing Argument Opening Statement Admissibility Pleadings 40

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 closing argument, may question that witness’ standards. ” Michelson v.

Witnesses 40

Witnesses Closing Argument Cross-Examination Evidence 40

Sound Jury Blog

JANUARY 8, 2024

In the spirit of correcting past problems and forging new habits, here’s a list of litigation resolutions – from case intake to closing argument – 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.

Litigation 52

Litigation Jury Selection Closing Argument Depositions 52

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?

Cross-Examination 40

Cross-Examination Witness Impeachment Witnesses Closing Argument 40

Evidence at Trial

MARCH 22, 2023

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.

Evidence 52

Evidence Hearsay Rule Witnesses Admissibility 52

Evidence at Trial

OCTOBER 3, 2022

— 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. Closing argument, the theory goes, is when it will all come together. "Be sincere, Be Brief, Be seated. This was not always the case.

Admissibility 52

Admissibility Evidence Exhibits Objections 52

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.

Burden Of Proof 40

Burden Of Proof Cross-Examination Closing Argument Witnesses 40