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...
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.”...
What Makes a Hero?
“Human progress is neither automatic nor inevitable…. Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals."—Rev. Dr. Martin...
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.
Cross-Examination: Try to Leave Before Redirect
I hate redirect. Any form of rebuttal can be deadly but redirect under the federal rules is pure torture. A brilliant cross-examination can be entirely unwound with an effective redirect,...
David Rosen
David Rosen died as he lived, with little fanfare. He passed on October 3, 2015, yet I didn’t know it until I read his obituary this morning.
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: The deadly “Why”
“Cross-examination is the greatest legal engine ever invented for the discovery of truth. You can do anything with a bayonet except sit on it. A lawyer can do anything with...
Vincent Bugliosi: The Legacy
Vince Bugliosi, who first achieved fame as the Manson Family prosecutor and then as a first rate author, died June 6, 2015. His true legacy is the books he left...