Defending People

the tao of criminal defense trial lawyering

Problems With Judge Voir Dire

Mark Bennett | May 13, 2008

Notes I wrote during a federal judge’s voir dire a few months ago:

A judge’s voir dire is calculated to get jurors to promise to follow the law while a lawyer’s voir dire is calculated to find those who might have difficulty following the law.
A judge’s voir dire is calculated to get jurors to agree with [...]

Always Ready, Seldom Prepared

Mark Bennett | April 22, 2008

The title of this post is, according to Terry MacCarthy (buy the cross-examination CDs!), the criminal defense lawyer’s credo. I had always thought of it as descriptive — the way we are — rather than prescriptive — the way we should be. We should be prepared, shouldn’t we?
Yes and no. There are things we can [...]