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The Indivisible Trial: The Trial as a Seamless Whole

1h 32m

Created on September 04, 2014

Intermediate

Overview

From the Opening Statement to the Summation, a trial is more than just an ordered arrangement of connected parts.  Indeed, for defense attorney Lawrence Hochheiser, the trial is a "seamless whole."

 

Mr. Hochheiser demonstrates how to effectively present the Defendant’s "narrative" of the case by artfully weaving the facts into a story that the jury will understand and wish to embrace.  His method of persuasion involves the transformation from lawyer to trusted teacher, using the creative employment of modern insights into the human mind.  He also acknowledges the difficult challenge of doing so within the restrictive confines of a trial process uninformed by a workable understanding of how people really make decisions.  Along the way, this experienced presenter visits more mundane subjects such as methods for maintaining control during cross-examination, dealing with the coerced confession case, and revealing the behind-closed-doors preparation of the Cooperator-Witness.  Such nuts-and-bolts trial topics – important enough for separate analysis – are presented in greater detail in Mr. Hochheiser’s accompanying outline.

 

Always with an eye toward a sensible and persuasive Summation, Mr. Hochheiser explains how to justify the "lines" already drawn during the story told in the Opening Statement by "connecting the dots" provided by evidence used for confirmation.  This is a must-see for all criminal defense lawyers who do or will try cases to juries.

 

Learning Objectives: 

I.    Appreciate that our trial structure is based on centuries-old notions of how people (jurors) form beliefs and make decisions

II.   Understand today’s evolved wisdom about how people (jurors) really form beliefs and make decisions

III.  Utilize today’s knowledge of the human mind within the confines of our restrictive, clunky trial apparatus

IV.  Overcome restraints of trial format to educate our jurors, engage their true mental processes, and shape their decision  

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