A Trial Attorney’s Creed!
When someone asks, “How can you defend drunk drivers?” I respond with this quote from Don Quioxte. I think it is the perfect creed for a trial attorney.
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“It is not the responsibility of knights errant to discover whether the afflicted, the enchained and the oppressed whom they encounter on the road are reduced to these circumstances and suffer this distress for their vices, or for their virtues: the knight’s sole responsibility is to succor them
In Ohio, the prosecuting attorney in a DUI/OVI trial gets to make the first presentation in voir dire, has the first opportunity to do opening and closing, and also has a rebuttal that follows the Defendant’s closing argument. Why is this a big advantage?
Psychologists tell us that there is the tendency for the first items presented in a series to be remembered better or more easily, or for them to be more influential than those presented later in the [Read the full post. . .]
If you see me trip over a crack in the sidewalk, you would consider me to be clumsy or uncoordinated. If, however, you trip over a crack in the sidewalk you are much more likely to blame the crack. The same is true for most people. This discrepancy is called the actor–observer bias.
In social psychology, the fundamental attribution error (also known as correspondence bias or attribution effect) describes the tendency to over-value dispositional or personality-based explanations for the [Read the full post. . .]
If you tell your friends that you were arrested for punching someone in the face, their overwhelming reaction will be, “Wow, what happened?” If, however, you tell them that you were arrested for DUI, those same friends will say, “Oh, I’m so sorry.” What is the difference? When a person is facing a DUI charge, guilt is assumed. How in the world did this happen? How did our presumption of innocence, so valued in the American tradition of law, [Read the full post. . .]