Self defense trial themes

The crime was committed, it was committed by someone who probably looks something like your client. They have no motive to lie, no reason to want to stick it to your client. But they are just confused. They were under too much stress to accurately see who did it. They are jumping to conclusions based on a suggestive lineup or show-up. But at the end of the day they are just trying to do the best they can. This is what we call misidentification.

To read more about this particular defense click here and here. Under this criminal defense theory the crime alleged never actually happened.

There was no burglary, there was no attempted murder, there was no robbery. Maybe the witnesses are cops trying to pick up some arrest stats. Or maybe the witness is the scorned ex-girlfriend trying to settle a score.

Maybe the witness is a guy who got into a fight with your client and got beat and now is making up a story to make it seem like the reason he was beat is because your client had a weapon. Or maybe the witness is a government informant aka a rat looking to get a pass on his criminal behavior by implicating your client in criminal activity your client had nothing to do with. Maybe it is a combination of all these.

The scorned ex-girlfriend gets the cops involved, the cops lie about seeing things they did not see because they believe the girlfriend, and now a jailhouse snitch is looking to cash in on this situation. Suddenly any question left unanswered, no matter how irrelevant, is reason to suspect the prosecution has fouled up.

Sometimes you will see the defense lawyer deny who he is 3 times before the cock crows. Most white collar defense lawyers also do some commercial or corporate work, because you need to know commercial and corporate law in order to defend these kinds of cases.

The defense lawyer apologizes for his unfamiliarity or rustiness with these rules and draws sympathy for his client rather than outrage at his cheating.

I suspect this will receive prominent play in the Libby trial. This does not always take the form of calling them a liar. It may be an attack on their good faith recollection. Yes, lots of folks will be said to have misremembered before this trial is over. All standard stuff, heard every day in criminal courts all over the U. Where will Irving sit? A last thought about opening day; while this is not strictly part of the Opening Statement, it will be a visual part of the opening and perhaps the rest of the trial.

The positioning of the defendant in the courtroom is a critical element of the defense strategy. If, however, your client is respectable looking and the jury already knows he is himself a lawyer, you put him in between two members of the trial team and let him keep busy making notes.

It makes him look earnest and studious and enforces the idea of the team working together to figure out how the prosecution screwed up so badly —you know that team that the defense want to recruit the jury to? This also helps the defendant avoid showing annoyance or pique on his face. The important point is to refine your theme until it captures the essence of your case, giving the jurors a compelling lens through which to view the trial.

Comments policy: Be cool. Uncool things infantile comments, racist crap, spam links, etc will be removed. Your email address will not be published. Notify me of follow-up comments by email. Notify me of new posts by email. This was very helpful to me! I was stuck trying to think of a theme for hours and now I finally have one!

Thank you! I am a fresher in this field and hence always on the look out for something which may further my profession and develop me. I have downloaded some of your previous articles and writeups. They have been extremely useful. I am lawyer from Gujarat, India. My problem areas are arguments and cross-examination. You may like to send me some tips on these topics. My dear Mr. Elliot, Congratulations, on a great series of articles!

Get out. Get even. Can you use similar repetitive word sounds? Hope can set you free. Is there a phrase you could repeat occasionally throughout your opening? Ned Racine is waiting for something special to happen. It is our right at birth. But there are some moments when it must be taken. The second is murder.

This is not one of them. A new lawyer out of her league. A young boy who knew too much. But the problem is… he is the best lawyer in town. Does it feel more powerful hearing the actual number?

Not even what you believe in.