Defending People

the tao of criminal defense trial lawyering

Say It. Draw It. Act It.

Mark Bennett | January 15, 2009

Check out Vrij et al., Outsmarting the Liars: The Benefit of Asking Unanticipated Questions (PDF), from Law and Human Behavior (June 2008). Vrij notes that
If investigators interview individual suspects once (with no factual information about the case), they tend to rely more on noverbal cues than verbal cues to detect deceit. However, when investigators [...]

Because Sometimes We Buy Our Own Bullshit

Mark Bennett | December 20, 2008

In the comments to Murphy’s Law of Investigation we had a little discussion of what a lawyer should do when his client maintains his factual innocence, and he discovers that there is evidence that, if analyzed, could either confirm that factual innocence or conclusively disprove it.
Renaissance man Joel “JDog” Rosenberg wrote of a hypothetical rape [...]

Murphy’s Law of Investigation

Mark Bennett | December 12, 2008

From today’s Houston Chronicle:
DNA evidence — collected in 2002, but unexamined until now — has cleared [RR,] a Houston man serving a 40-year prison sentence for the sexual assault of a child.

The complainant (the Chronicle calls him “the victim”, but in this case that term is ambiguous) who identified RR had, when describing his assailant, [...]

Ladies of the Jury, Opposing Counsel is Just Like You . . . Except that She’s Much More Successful

Mark Bennett | November 21, 2008

When I read articles about quirks of human behavior, I try to think of how I can take advantage of them both defensively and offensively. For example, when I read an article (from the American Society of Trial Consultants’ The Jury Expert magazine) entitled How We Can Help Witnesses Remember More, I consider not only [...]

I Want Angry Jurors With Low Self-Esteem

Mark Bennett | November 19, 2008

I’ve started reading the quarterly magazine of the American Society of Trial Consultants, The Jury Expert. It’s right up Defending People readers’ alley; it’s even subtitled “The Art and Science of Litigation Advocacy. I downloaded a stack of issues to carry in my bag for quiet times; there are several treasures in each volume. If [...]