Once in rare while we come across a piece of advocacy which seems almost perfect. This is hard to accomplish in cross examination because your "partner" is hostile and seeks...
Category: Criminal Defense
Ghomeshi: Witness #3
After the DeCoutre Disaster the Crown called to the witness box a woman publicly identified only as complaint #3. If the Crown thought she would bring their case back from...
Jian Ghomeshi: Cross-examination #1
I enjoy following trials and dissecting cross-examinations. An outstanding example of confrontation is currently proceeding in Canada. Jian Ghomeshi is the celebrity defendant in the Canadian “Trial of the Century.”...
Mob Justice in Baltimore
Few animals are as dangerous as a lynch mob. Pitchforks and torches, or slogans and signs, the effect is the same; taking justice into their own hands.
The Slippery Slope of Waiving Rights
I read in the New York Times that Eli Cherkasky, an assistant district attorney in the Manhattan DA public corruption unit, was adjudged guilty of third-degree assault, criminal obstruction of...
Cross-examination Preparation
No matter the system of justice, an advocate is only as good as his preparation — especially when it comes to cross-examination. I follow a good cross-examination no matter where...
“How can you represent those people?”
The classic crack made at many a cocktail party. Every defense lawyer suffers through the ordeal of offering a dissatisfying response (at least to the tormentor) to this barely concealed...
FIU Cross-Examination Seminar
On Friday, December 12, 2014, I will be teaching a seminar on cross-examination at the FIU Law School. The seminar has been organized by H.T. Smith and Scott Fingerhut. I...
Risky Business
At the last NBA All-Star game SAP unveiled a player-efficiency software program called SportVU. It records every movement of a player during a game. It plots 792,000 data points --...
The “Bull Dog” Cross
In the beginning I had little interest in the Oscar Pistorius trial; only after reading descriptions of Gerrie “The Bull Dog” Nel’s cross-examination of Pistorius (OP) did I pay attention....