This Article examines the admissibility of women’s sexual fantasies and dreams under the consent exception, traces its origins, highlights its application, argues that sexual fantasies and dreams should not be admissible under the consent exception, and proposes a practical solution to address this problem.
Wrongful convictions; eyewitness error; DNA exonerations. These are the exciting and popularly-acclaimed aspects of criminal defense – preventing or correcting the error of someone being wrongfully accused or imprisoned for an act that never occurred or was committed by someone else. But focusing on those cases ignores the primary role invoked by the Sixth Amendment
There was much to look forward to when a new textbook on trial advocacy, by two experienced women lawyers, was released: new voices, more prominence for women advocates, and [hopefully] the latest in multi-disciplinary insights to teaching and performing the art of litigation. And the promotional material for Camille Abate’s and Kathleen Mullin’s ADVOCACY EXCELLENCE
The French phrase “mise en scene” translates to a: the arrangement of actors and scenery on a stage for a theatrical production b : stage setting 2a : the physical setting of an action (as of a narrative or a motion picture) : context https://www.merriam-webster.com/dictionary/mise-en-sc%C3%A8ne In this important article, Professor Michael Murray uses the 15
Does pre-trial publicity have a lasting effect on juror bias, predisposition, and verdict votes? The answer, according to this study, is “yes,” at least sometimes. More importantly, judicial inquiries of “can you put that outside of your mind” and judicial admonishments to “decide this case on the facts, and not on anything you read or
Lawyers must be persuaders, and to persuade they must tell and show stories. Keith Belzer, an exceptionally gifted lawyer and trainer, details how lawyers may and should use techniques from theater and film – particularly in ‘staging’ the courtroom and using and manipulating space – to most effectively communicate the story of the case.
When is it permissible for a lawyer questioning a witness to ask that person whether a previous witness or someone whose out-of-court statement was admitted was lying? This article confirms that the basic approach, especially for federal court trials, is “never.” It also shows that California may recognize limited exceptions to the general proscription. This
Video evidence – surveillance cameras, body-worn cameras used by police, interrogation room cameras – are much better than lay descriptions of events. As long as they are preserved and not tampered with, they provide certain indisputable evidence – who was there, who said what (and in what tone of voice), and certain observable consequences (e.g.
Lawyers need to train their experts? Well, sort of. Experts need no training in their subject matter, but they may and often do need guidance in preparing for report-writing, depositions, and trial. And there may be no better guide than the succinct ABA publication HOW TO TRAIN YOUR EXPERT: MAKING YOUR CLIENT’S CASE. Written as