I Have Something You Don’t Have (and the judge says it’s okay)
At the risk of aging myself, do you remember the poem published in 1989 called, “All I Really Need to Know I Learned in Kindergarten?” The first rule was “Share Everything.” The second rule was “Play Fair.” Judge John Cleland, who is presiding over Jerry Sandusky’s criminal trial, recently examined both of these life rules... Read More
Verdict? Allen Charge? Mistrial? One Crazy Day in the John Edwards Trial.
What a chaotic day in the John Edwards corruption trial. Judge Eagles announced around 3pm EST that the jury had reached a verdict. Only, it hadn’t. Not really. According to news sources, the jury sent Judge Eagles a note stating that they had reached a verdict. What they failed to include in the note was... Read More
The John Edwards Jury: Deliberate Deliberations
After seven days, jurors are still deliberating over the fate of John Edwards. Why is it taking so long? The answer is simple: jurors are taking their role seriously and want to deliver a just verdict. Based on the evidence. If jurors were rendering a verdict based on whether they thought John Edwards was a... Read More
Social Media, the Court of Public Opinion and George Zimmerman’s Defense
Facebook. Twitter. Websites. Blogs. Social media is an inexpensive, readily-available source for gauging public opinion. And it’s working its way into litigation strategy. Casey Anthony’s defense team used social media to monitor public opinion and assess reactions to the actual trial (which was available online through streaming video). The case was a hotbed of public... Read More
Heicklen Jury Tampering Indictment Dismissed
Julian Heicklen. Remember him? He’s the 80-year retired chemistry professor who was indicted for jury tampering because he liked to pass out pamphlets on jury nullification. On the steps of Manhattan courthouses. [Read our prior posts “Advocating Jury Nullification: Crime or Freedom of Speech?” and “More on Jury Nullification and Julian Heicklen” for more detailed background information.] Last Thursday... Read More
Trust Me, I’m Credible!
As I was sitting in federal court yesterday observing testimony of a key witness, I found myself distrusting the witness. And the attorney. The exchange caused me to ponder on the importance of trust: the trust a witness must have for his attorney, and the trust a juror must feel towards the courtroom advocates. I... Read More
Show Me the Money! Suggestions for plaintiff voir dire on damages.
Money. Plaintiffs hope to receive lots. Defendants hope to pay none. No matter which side of the aisle you’re on, addressing damages with jurors during voir dire can be a daunting task. More than likely, selected jurors will be neither “let-me-write-you-a-blank-check” nor “I-won’t-give-you-a-penny” jurors. The panel will fall somewhere in the middle. Here’s what I’ve... Read More
More on Jury Nullification and Julian Heicklen…
As you may know (or have read in our blog, or others), Julian P. Heicklen was criminally charged with jury tampering by New York prosecutors in November 2010. Judge Kimba B. Wood was scheduled to hear oral arguments in December 2011, but the hearing was postponed. While we continue to wait for further developments, there... Read More
Do You See What I See? Gender Differences in Graphic Perception
When it comes to trial graphics and demonstratives, do male jurors see the same thing as female jurors? Interesting question. Business Insider featured an article addressing research conducted by EyeTrackShop, a company that uses eye-tracking technology to determine what customers look at when viewing visual advertisements. The study, conducted in Norway with a relatively small sample size... Read More
Advocating Jury Nullification: Crime or Freedom of Speech?
As I was browsing the New York Times website yesterday afternoon, an article caught my eye: “Prosecution Explains Jury Tampering Charge.” I assumed the charge was against a party, a witness or someone who was somehow affiliated with a recent trial, but I assumed wrongly. Last November, federal prosecutors in Manhattan indicted Julian P. Heicklen, a... Read More