Trying Cases to Win

Voir Dire and Opening Argument

Author: Herbert Jay Stern

Publisher: Lawbook Exchange Limited

ISBN: 9781616193454

Category: Law

Page: 704

View: 9348

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1. Introduction; 2. Rule I: Personal Advocacy; 3. Rule II: One Central Theme; 4. Rule II: Make the Case Bigger than its Facts; 5. The Four Laws: Primacy, Recency, Frequency and Vividness; 6. Opening Argument-Not Opening Statement; 7. Problems to Confront in Openings; 8. The Form of the Opening; 9. Final Considerations for Opening; 10. Edward Bennett Williams Opens; 11. Openings in Nonjury Trials; 12. Applications of the Principles to a Case; 13. The Colonial Pipeline Case; 14. Jury Voir Dire; 15. Voir Dire in Two Actual Cases; 16. Conclusion, Appendix A: United States v. Weber-Opening for the Government; Appendix B: United States v. Weber-Opening for the Defense; Index.

Diary of a DA

The True Story of the Prosecutor Who Took on the Mob, Fought Corruption, and Won

Author: Herbert J. Stern

Publisher: Skyhorse Publishing, Inc.

ISBN: 1620876744

Category: Biography & Autobiography

Page: 576

View: 898

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An “extremely well written” firsthand account of taking down corrupt government officials and organized crime in 1970s New Jersey (Publishers Weekly). In 1961, twenty-five-year-old Herbert J. Stern stood in his green army uniform in a New York County courtroom to be sworn in as an attorney. In the years that follow, the idealistic young Stern would sharpen his skills in the criminal courts of New York City and emerge as the lead trial attorney for the Justice Department, charged with breaking the back of organized crime in New Jersey. Stern’s highly charged account of his outright war against government officials and the Mafia takes us deep inside the mechanisms of law and order during a time when cities were burning in race riots; when racketeering and graft were so prevalent in the Garden State that its own senator called it a “stench in the nostrils and an offense to the vision of the world.” Before Stern and his dedicated colleagues on the “strike force” are finished, they will have successfully prosecuted the mayors of Jersey City, Atlantic City, and Newark for being on the take; a congressman for conspiracy, tax violations, and perjury; and blackened the eye of organized crime. “For any fan of the . . . Sopranos and Boardwalk Empire television shows.” —Tribune Observer “An honest examination of how the justice system really works. . . . A page-turner of a true crime story.” —The Star-Ledger “Stern is a fascinated observer, thoroughly honest in both his job and his writing about it. . . . It details the gritty realities of a prosecutor’s office that few people witness.” —The Philadelphia Inquirer

Cross-Examination: Science and Techniques

Author: Larry Pozner,Roger J. Dodd

Publisher: LexisNexis

ISBN: 1632843927

Category: Law

Page: N.A

View: 1795

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Cross-Examination: Science and Techniques, Third Edition is an extensive revision and reorganization of Pozner and Dodd’s classic work, written to meet the needs of today’s trial attorneys. Pozner and Dodd’s signature techniques and methodologies, which have brought them acclaim as the nation’s leading experts on cross-examination, are illustrated with numerous new examples added specifically for the Third Edition. The authors provide their best-ever coverage of the “chapter method” of cross-examination with additional excerpts to illustrate various trial scenarios. New content also includes Chapter 6 on Cross Preparation Systems: Sourcing the Facts, giving you the tools to immediately inform a witness, and the court, what electronic or paper document you are using and exactly where in the document is the material upon which you are questioning. As always, the authors, who have lectured on cross-examination to thousands of attorneys worldwide, guide you to successful trial outcomes with a conversational, engaging, and easy-to-read writing style. Inside you'll find valuable advice on how to: Use opponents’ objections as the springboard for deeper and broader cross-examinations. Sequence cross-examination to teach the theory of the case in the best way, and to literally expand the rules of admissibility Use “loops” (the practice of incorporating and repeating key phrases and terms in successive questions to the witness) to rename witnesses and exhibits. Use “double loops” to discredit opposing expert witnesses. Use voir dire to create great jurors Use a fact-driven investigation to develop a winning theory Use a witness’s own words to follow your theme and theory Control the runaway witness Communicate winning theories in opening, cross, and closing Use loops to box in the witness Use tactical sequencing to create the most powerful cross Convert a witness’s silence into admission of fact Induce the witness to voice your pre-selected words Prepare for devastating impeachment Close off any escape routes for the witness Punish the evasive or “I don’t know” witness Control the crying witness Use timing, posture, inflection, diction, wording, eye contact, and other effects to emphasize a witness’s concession Effective cross-examination is a science with established guidelines, identifiable techniques, and definable methods. Attorneys can learn how to control the outcome with careful preparation, calculated strategy, effective skills, and a disciplined demeanor. Pozner and Dodd’s treatise remains the definitive guide to preparing killer cross-examinations, only from LexisNexis.

How Can You Represent Those People?

Author: A. Smith,M. Freedman

Publisher: Springer

ISBN: 1137311959

Category: Social Science

Page: 228

View: 4995

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How Can You Represent Those People? is the first-ever collection of essays offering a response to the 'Cocktail Party Question' asked of every criminal lawyer. A must-read for anyone interested in race, poverty, crime, punishment, and what makes lawyers tick.

Chance Rules

An Informal Guide to Probability, Risk and Statistics

Author: Brian Everitt

Publisher: Springer Science & Business Media

ISBN: 9780387774152

Category: Mathematics

Page: 142

View: 5499

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Chance continues to govern our lives in the 21st Century. From the genes we inherit and the environment into which we are born, to the lottery ticket we buy at the local store, much of life is a gamble. In business, education, travel, health, and marriage, we take chances in the hope of obtaining something better. Chance colors our lives with uncertainty, and so it is important to examine it and try to understand about how it operates in a number of different circumstances. Such understanding becomes simpler if we take some time to learn a little about probability, since probability is the natural language of uncertainty. This second edition of Chance Rules again recounts the story of chance through history and the various ways it impacts on our lives. Here you can read about the earliest gamblers who thought that the fall of the dice was controlled by the gods, as well as the modern geneticist and quantum theory researcher trying to integrate aspects of probability into their chosen speciality. Example included in the first addition such as the infamous Monty Hall problem, tossing coins, coincidences, horse racing, birthdays and babies remain, often with an expanded discussion, in this edition. Additional material in the second edition includes, a probabilistic explanation of why things were better when you were younger, consideration of whether you can use probability to prove the existence of God, how long you may have to wait to win the lottery, some court room dramas, predicting the future, and how evolution scores over creationism. Chance Rules lets you learn about probability without complex mathematics.

Devil in the Grove

Thurgood Marshall, the Groveland Boys, and the Dawn of a New America

Author: Gilbert King

Publisher: Harper Collins

ISBN: 0062097717

Category: History

Page: 464

View: 5100

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Devil in the Grove, winner of the Pulitzer Prize for general nonfiction, is a gripping true story of racism, murder, rape, and the law. It brings to light one of the most dramatic court cases in American history, and offers a rare and revealing portrait of Thurgood Marshall that the world has never seen before. As Isabel Wilkerson’s The Warmth of Other Suns did for the story of America’s black migration, Gilbert King’s Devil in the Grove does for this great untold story of American legal history, a dangerous and uncertain case from the days immediately before Brown v. Board of Education in which the young civil rights attorney Marshall risked his life to defend a boy slated for the electric chair—saving him, against all odds, from being sentenced to death for a crime he did not commit.

The Trial Lawyer

What it Takes to Win

Author: David Berg

Publisher: American Bar Association

ISBN: 9781590315897

Category: Law

Page: 307

View: 5915

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"Each arena has its Michael Jordan. In the courtroom, it is David Berg. And Berg has taken this natural talent and time-honed skill to a new level as he unlocks certain secrets that have catapulted him to the top of his profession. What most have considered his "magic," he explains as common sense practice. This book should be a required text at every law school. Those in the legal profession should not just read this, they should study it. The difference it will make in case results more than pays for the book, over and over again." W. Mark Lanier, The Lanier Law Firm, Houston, TX "My father made his living as a lawyer. My elder brother used to practice his cross-examination technique on me and thus rose to be Australia's attorney-general. It might be said that I grew up with the law. But I can swear on a stack of bibles that I have never read a book about the nuts and bolts of forensic skill, about how to win cases and influence judges and juries, as expert, perceptive, precise and, often, as outright funny as David Berg's. I hope that I never need the professional services to which his book is a guide, but if I do I pray my defender will have read and memorized every last word of it." Robert Hughes, Author of the Fatal Shore Former art critic of Time magazine "I think of David as a people's trial lawyer in the Clarence Darrow tradition. He has tried almost every type of case from murder to patent infringement. He has an ability to persuade jurors that is the equal of any practitioner I know. The Trial Lawyer shows how it can be done." Morris Dees, Southern Poverty Law Center, Montgomery, AL "I wrote this book out of the fear that the great war stories of the next generation of trial lawyers would begin, `And then, I looked that mediator in the eyes and I said'...

Max Finder Mystery Collected Casebook

Author: Liam O'Donnell,Craig Battle,Ramon Perez

Publisher: N.A

ISBN: 9781897349809

Category: Juvenile Fiction

Page: 94

View: 1185

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Seventh graders Max Finder and Alison Santos solve a series of mysteries with some help from the reader, in a book that also includes puzzles and challenges.

The Curious Incident of the Dog in the Night-Time

Author: Mark Haddon

Publisher: Anchor Canada

ISBN: 0307371565

Category: Fiction

Page: 240

View: 7711

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Narrated by a fifteen-year-old autistic savant obsessed with Sherlock Holmes, this dazzling novel weaves together an old-fashioned mystery, a contemporary coming-of-age story, and a fascinating excursion into a mind incapable of processing emotions. Christopher John Francis Boone knows all the countries of the world and their capitals and every prime number up to 7,057. Although gifted with a superbly logical brain, Christopher is autistic. Everyday interactions and admonishments have little meaning for him. At fifteen, Christopher’s carefully constructed world falls apart when he finds his neighbour’s dog Wellington impaled on a garden fork, and he is initially blamed for the killing. Christopher decides that he will track down the real killer, and turns to his favourite fictional character, the impeccably logical Sherlock Holmes, for inspiration. But the investigation leads him down some unexpected paths and ultimately brings him face to face with the dissolution of his parents’ marriage. As Christopher tries to deal with the crisis within his own family, the narrative draws readers into the workings of Christopher’s mind. And herein lies the key to the brilliance of Mark Haddon’s choice of narrator: The most wrenching of emotional moments are chronicled by a boy who cannot fathom emotions. The effect is dazzling, making for one of the freshest debut in years: a comedy, a tearjerker, a mystery story, a novel of exceptional literary merit that is great fun to read.

Win Your Case

How to Present, Persuade, and Prevail--Every Place, Every Time

Author: Gerry Spence

Publisher: Macmillan

ISBN: 9781429909013

Category: Law

Page: 304

View: 2700

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Gerry Spence is perhaps America's most renowned and successful trial lawyer, a man known for his deep convictions and his powerful courtroom presentations when he argues on behalf of ordinary people. Frequently pitted against teams of lawyers thrown against him by major corporate or government interests, he has never lost a criminal case and has not lost a civil jury trial since l969. In Win Your Case, Spence shares a lifetime of experience teaching you how to win in any arena-the courtroom, the boardroom, the sales call, the salary review, the town council meeting-every venue where a case is to be made against adversaries who oppose the justice you seek. Relying on the successful courtroom methods he has developed over more than half a century, Spence shows both lawyers and laypersons how you can win your cases as he takes you step by step through the elements of a trial-from jury selection, the opening statement, the presentation of witnesses, their cross-examinations, and finally to the closing argument itself. Spence teaches you how to prepare yourselves for these wars. Then he leads you through the new, cutting-edge methods he uses in discovering the story in which you form the evidence into a compelling narrative, discover the point of view of the decision maker, anticipate and answer the counterarguments, and finally conclude the case with a winning final argument. To make a winning presentation, you are taught to prepare the power-person (the jury, the judge, the boss, the customer, the board) to hear your case. You are shown that your emotions, and theirs, are the source of your winning. You learn the power of your own fear, of honesty and caring and, yes, of love. You are instructed on how to role-play through the use of the psychodramatic technique, to both discover and tell the story of the case, and, at last, to pull it all together into the winning final argument. Whether you are presenting your case to a judge, a jury, a boss, a committee, or a customer, Win Your Case is an indispensable guide to success in every walk of life, in and out of the courtroom.

Arc of Justice

A Saga of Race, Civil Rights, and Murder in the Jazz Age

Author: Kevin Boyle

Publisher: Henry Holt and Company

ISBN: 9781429900164

Category: History

Page: 432

View: 9174

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An electrifying story of the sensational murder trial that divided a city and ignited the civil rights struggle In 1925, Detroit was a smoky swirl of jazz and speakeasies, assembly lines and fistfights. The advent of automobiles had brought workers from around the globe to compete for manufacturing jobs, and tensions often flared with the KKK in ascendance and violence rising. Ossian Sweet, a proud Negro doctor-grandson of a slave-had made the long climb from the ghetto to a home of his own in a previously all-white neighborhood. Yet just after his arrival, a mob gathered outside his house; suddenly, shots rang out: Sweet, or one of his defenders, had accidentally killed one of the whites threatening their lives and homes. And so it began-a chain of events that brought America's greatest attorney, Clarence Darrow, into the fray and transformed Sweet into a controversial symbol of equality. Historian Kevin Boyle weaves the police investigation and courtroom drama of Sweet's murder trial into an unforgettable tapestry of narrative history that documents the volatile America of the 1920s and movingly re-creates the Sweet family's journey from slavery through the Great Migration to the middle class. Ossian Sweet's story, so richly and poignantly captured here, is an epic tale of one man trapped by the battles of his era's changing times. Arc of Justice is the winner of the 2004 National Book Award for Nonfiction.

Lincoln's Last Trial: The Murder Case That Propelled Him to the Presidency

Author: Dan Abrams,David Fisher

Publisher: Harlequin

ISBN: 1488095329

Category: Biography & Autobiography

Page: 320

View: 9645

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Instant New York Times bestseller! A USA Today Top 10 Hot Book for Summer “Makes you feel as if you are watching a live camera riveted on a courtroom more than 150 years ago.” —Diane Sawyer The true story of Abraham Lincoln’s last murder trial, a case in which he had a deep personal involvement—and which played out in the nation’s newspapers as he began his presidential campaign At the end of the summer of 1859, twenty-two-year-old Peachy Quinn Harrison went on trial for murder in Springfield, Illinois. Abraham Lincoln, who had been involved in more than three thousand cases—including more than twenty-five murder trials—during his two-decades-long career, was hired to defend him. This was to be his last great case as a lawyer. What normally would have been a local case took on momentous meaning. Lincoln’s debates with Senator Stephen Douglas the previous fall had gained him a national following, transforming the little-known, self-taught lawyer into a respected politician. He was being urged to make a dark-horse run for the presidency in 1860. Taking this case involved great risk. His reputation was untarnished, but should he lose this trial, should Harrison be convicted of murder, the spotlight now focused so brightly on him might be dimmed. He had won his most recent murder trial with a daring and dramatic maneuver that had become a local legend, but another had ended with his client dangling from the end of a rope. The case posed painful personal challenges for Lincoln. The murder victim had trained for the law in his office, and Lincoln had been his friend and his mentor. His accused killer, the young man Lincoln would defend, was the son of a close friend and loyal supporter. And to win this trial he would have to form an unholy allegiance with a longtime enemy, a revivalist preacher he had twice run against for political office—and who had bitterly slandered Lincoln as an “infidel…too lacking in faith” to be elected. Lincoln’s Last Trial captures the presidential hopeful’s dramatic courtroom confrontations in vivid detail as he fights for his client—but also for his own blossoming political future. It is a moment in history that shines a light on our legal system, as in this case Lincoln fought a legal battle that remains incredibly relevant today.

Native Son

Author: Richard Wright

Publisher: McGill-Queen's Press - MQUP

ISBN: N.A

Category: African American men

Page: 359

View: 4603

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The Only Girl in the World

A Memoir

Author: Maude Julien

Publisher: Little, Brown

ISBN: 0316466603

Category: Biography & Autobiography

Page: 288

View: 7722

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For readers of Room and The Glass Castle, an astonishing memoir of one woman rising above an unimaginable childhood. Maude Julien's parents were fanatics who believed it was their sacred duty to turn her into the ultimate survivor - raising her in isolation, tyrannizing her childhood and subjecting her to endless drills designed to "eliminate weakness." Maude learned to hold an electric fence for minutes without flinching, and to sit perfectly still in a rat-infested cellar all night long (her mother sewed bells onto her clothes that would give her away if she moved). She endured a life without heat, hot water, adequate food, friendship, or any kind of affectionate treatment. But Maude's parents could not rule her inner life. Befriending the animals on the lonely estate as well as the characters in the novels she read in secret, young Maude nurtured in herself the compassion and love that her parents forbid as weak. And when, after more than a decade, an outsider managed to penetrate her family's paranoid world, Maude seized her opportunity. By turns horrifying and magical, The Only Girl in the World is a story that will grip you from the first page and leave you spellbound, a chilling exploration of psychological control that ends with a glorious escape.

Fired Up (Trouble in Texas Book #2)

Author: Mary Connealy

Publisher: Baker Books

ISBN: 1441262776

Category: Fiction

Page: 336

View: 4960

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Rollicking Wild West Adventure and Romance from Bestselling Author Mary Connealy Dare Riker is a doctor who saves lives, but someone seems determined to end his. It may have something to do with the traitors he dealt with during the Civil War, or it might be related to the recent incident with Flint Greer and the ranch. Whoever the culprit is, he or she seems really fired up, and Dare can't let his guard down for a moment, which is a challenge, since right now he's trying to win the heart of the recently widowed Glynna. Glynna Greer came west as a mail-order bride and ended up in a bad situation. Now her husband, Flint, is dead, and she's determined to care for her son and daughter on her own. She wants to believe Dare Riker is as decent as he seems, but she's terrified to lock herself into another marriage. She plans to support her small family by opening a diner--never mind that cooking is not her greatest talent. The men in Broken Wheel, Texas, are so desperate for home cooking that they seem willing to overlook dried-out beef and blackened biscuits. Glynna can't help but notice that danger follows Dare wherever he goes. There's the avalanche. And then the fire. But things really get out of hand when someone plunges a knife from Glynna's diner into Dare's back. Are Flint's cronies still plotting revenge? Is Glynna's son engaged in a misguided attempt to protect his mother? Is a shadowy outsider still enraged over past injustices? And can Dare survive long enough to convince Glynna to take another chance on love?

Democracy

Author: David A. Moss

Publisher: Harvard University Press

ISBN: 0674974093

Category: Political Science

Page: 690

View: 3339

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Historian David Moss adapts the case study method made famous by Harvard Business School to revitalize our conversations about governance and democracy and show how the United States has often thrived on political conflict. These 19 cases ask us to weigh choices and consequences, wrestle with momentous decisions, and come to our own conclusions.