Comments on: The Blind Leading the Blind http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html the tao of criminal defense trial lawyering Sun, 21 Mar 2010 02:16:46 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Defending People » Jury Selection: Simple Rule 6: Improv Rule I http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html/comment-page-1#comment-9850 Defending People » Jury Selection: Simple Rule 6: Improv Rule I Wed, 26 Aug 2009 01:13:10 +0000 http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html#comment-9850 [...] written about voir dire scripts before. You’re not going to get very much information if you walk the jury through your list of [...] [...] written about voir dire scripts before. You’re not going to get very much information if you walk the jury through your list of [...]

]]> By: Mark Bennett http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html/comment-page-1#comment-8624 Mark Bennett Tue, 19 May 2009 20:32:13 +0000 http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html#comment-8624 If you are asked, you can't lie. If you are asked, you can’t lie.

]]> By: Oilacct http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html/comment-page-1#comment-8623 Oilacct Tue, 19 May 2009 20:10:13 +0000 http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html#comment-8623 On a related note, do I have to disclose on the questionnaire that I believe in jury nullification? Not that a 50ish white accountant working for a major corporation is going to get on many juries... On a related note, do I have to disclose on the questionnaire that I believe in jury nullification? Not that a 50ish white accountant working for a major corporation is going to get on many juries…

]]> By: Joel Rosenberg http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html/comment-page-1#comment-8622 Joel Rosenberg Tue, 19 May 2009 16:23:17 +0000 http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html#comment-8622 Yup; there are several ways. http://www.pptfaq.com/FAQ00429.htm Yup; there are several ways.

http://www.pptfaq.com/FAQ00429.htm

]]> By: Mark Bennett http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html/comment-page-1#comment-8611 Mark Bennett Mon, 18 May 2009 22:42:19 +0000 http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html#comment-8611 Resist all temptation to answer any questions. Resist all temptation to answer any questions.

]]> By: Steve http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html/comment-page-1#comment-8610 Steve Mon, 18 May 2009 22:32:05 +0000 http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html#comment-8610 so how can I use this information to get out of Jury duty? I kid I kid! but seriously, how can I use this information to get on the Jury when really I just want to push for Jury Nullification? so how can I use this information to get out of Jury duty?

I kid I kid!

but seriously, how can I use this information to get on the Jury when really I just want to push for Jury Nullification?

]]> By: BLAWG REVIEW #212 « Current Trends in Copyright, Trademark & Entertainment Law http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html/comment-page-1#comment-8605 BLAWG REVIEW #212 « Current Trends in Copyright, Trademark & Entertainment Law Mon, 18 May 2009 04:11:28 +0000 http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html#comment-8605 [...] Did he say drunk and prison in the same line? You better see what my Twitter colleagues have to say at the Criminal Defense Blog, the Simple Justice Blog and the Defending People Blog. [...] [...] Did he say drunk and prison in the same line? You better see what my Twitter colleagues have to say at the Criminal Defense Blog, the Simple Justice Blog and the Defending People Blog. [...]

]]> By: Houston was too muggy for me http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html/comment-page-1#comment-8601 Houston was too muggy for me Sun, 17 May 2009 21:52:18 +0000 http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html#comment-8601 I enjoy reading your blog. Recently, you discussed the unreasonable time limits some judges set on voir dire. Having a long written list of relevant, permissible questions is the best way I know of to get yourself longer than 30 minutes to pick a jury. There are numerous CCA cases that say that 30 minutes is insufficient time to pick a jury -- but only if the defense objects, asks for more time and has a list of relevant, permissible questions. When I practiced in Harris County I always had a long list of quetions ready and I let the judge know prior to voir dire that their time limit wasn't going to work for me and showed them why. The judges may not have lliked it but they didn't cut me off. I agree that voir dire should never be read. You must use your questions to find out how the jurors really feel and you are right, that can't be done by reading your questions. I enjoy reading your blog. Recently, you discussed the unreasonable time limits some judges set on voir dire. Having a long written list of relevant, permissible questions is the best way I know of to get yourself longer than 30 minutes to pick a jury. There are numerous CCA cases that say that 30 minutes is insufficient time to pick a jury — but only if the defense objects, asks for more time and has a list of relevant, permissible questions. When I practiced in Harris County I always had a long list of quetions ready and I let the judge know prior to voir dire that their time limit wasn’t going to work for me and showed them why. The judges may not have lliked it but they didn’t cut me off. I agree that voir dire should never be read. You must use your questions to find out how the jurors really feel and you are right, that can’t be done by reading your questions.

]]> By: Mark Bennett http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html/comment-page-1#comment-8593 Mark Bennett Sat, 16 May 2009 16:40:13 +0000 http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html#comment-8593 As in all other things, it's better to have more tools than fewer, as long as you, instead of the tools, are in charge. I'm very much in favor of visual aids. The right pictures help us communicate, and can be perfect for getting us unstuck, but if we're too married to the order we've decided upon beforehand, we are likely to miss opportunities. I haven't used Power Point much, so I don't know if there's a way to access slides randomly instead of sequentially. As in all other things, it’s better to have more tools than fewer, as long as you, instead of the tools, are in charge.

I’m very much in favor of visual aids. The right pictures help us communicate, and can be perfect for getting us unstuck, but if we’re too married to the order we’ve decided upon beforehand, we are likely to miss opportunities. I haven’t used Power Point much, so I don’t know if there’s a way to access slides randomly instead of sequentially.

]]> By: AHCL http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html/comment-page-1#comment-8590 AHCL Sat, 16 May 2009 14:37:51 +0000 http://bennettandbennett.com/blog/2009/05/the-blind-leading-the-blind.html#comment-8590 Good post, Mark. I'd be curious as to your thoughts on the effects of visual aids. I'm a Power Point guy, myself, and I always found that worked well for me. However, it did stick me with a script. I usually tailored each one to specific and important issues on each individual case, though, so that it would flow. However, having watched Bill Bomble pick a jury before, he is quite right about doing Improv. You should see him re-enact burglar alarm commercials during voir dire. Quite dramatic. Good post, Mark.

I’d be curious as to your thoughts on the effects of visual aids. I’m a Power Point guy, myself, and I always found that worked well for me. However, it did stick me with a script.

I usually tailored each one to specific and important issues on each individual case, though, so that it would flow.

However, having watched Bill Bomble pick a jury before, he is quite right about doing Improv. You should see him re-enact burglar alarm commercials during voir dire.

Quite dramatic.

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