Dennis Elias’s Latest Tweet :. Injustice News Twitter Feed :.Mark Bennett | August 31, 2009
I want to make it clear that I don’t do foolish things like play beer pong or run marathons. But I draw inspiration from the foolish things that other people do. So the next Simple Rule for Better Jury Selection is The Marathon Rule, to wit:
Save something for the end.
There’s the possibility that, while the [...]
Mark Bennett | August 31, 2009
In Beer Pong,
The ball is always in play. If the ball hits the floor, ceiling, wall or even leaves the room it can still be, and should be, hit back in the direction of the table.
So it is in jury selection, except that “the ball” is the conversation and “the table” is the case. [...]
Mark Bennett | August 29, 2009
Jury selection is not only—nor even mostly—about selecting (or deselecting) jurors.
If you use voir dire simply to find the jurors whom you want to strike, you’re missing out on most of the value of jury selection.
These rules will help you anyway.
Mark Bennett | August 29, 2009
The Harris County District Attorney’s Office is looking for other people who allegedly may have been involved with Judge Donald Jackson.
Donna Hawkins, a spokeswoman for the Harris County District Attorney’s Office, said investigators in the public integrity division want to know whether there are other people who have any knowledge of similar behavior in Jackson’s [...]
Mark Bennett | August 26, 2009
Thank you for your email complimenting my blog. You are free to link to it, and to quote me with attribution (including, I hope, a link). There are no quid pro quos here, though. I’ll link to your blog if I think it’s worth reading, but I’m not going to link to you just because [...]
Mark Bennett | August 25, 2009
We lawyers are analytical creatures. The LSAT doesn’t include a section of intuition puzzles. So Simple Rule 8 for Better Jury Selection is The Shrink (as in therapist) Rule:
Rule 8: How Do You Feel About That?
Jurors decide cases based on their guts, then look for intellectual reasons to support their emotional decisions. As a result [...]
Mark Bennett | August 25, 2009
Rule 7, also from improvisational theatre:
Don’t block.
In improv, blocking is when you take another actor’s idea, and negate it:
“It sure is quiet here on the moon.”“No, this is the bottom of the sea.”
Your partner looks bad, and you’ve killed a scene. In improv, if your partner says you’re on the moon, you’re on the [...]
Mark Bennett | August 25, 2009
Rules 6 and 7 are timely, since they come from improvisational theatre and I just got back from four days of intensive improv training at BATS (I highly recommend the training).
Rule 6: No scripts.
I’ve written about voir dire scripts before. You’re not going to get very much information if you walk the jury through your [...]
Mark Bennett | August 21, 2009
Okay, those of you who identify themselves as “attorneys” and “Esquires”, and anyone else who likes people to know that he has a law degree and is therefore superior: listen up. This one is for you.
The fifth Simple Rule for Better Jury Selection is blatantly stolen from and therefore named in honor of Chicago federal [...]
Mark Bennett | August 20, 2009
I wrote last November about Lethal Generosity in the Legal Profession, my thesis being “that the most generous members of the criminal defense community are the most credible and influential.”
I was talking then about sharing information and motions amongst criminal defense lawyers.
But it’s become apparent to me that the principle applies in the online marketing [...]
