Category: other technologies

  • Potential Topics for the Criminal-Defense Skunkworks

    Here are a few ideas I’ve had for subjects that our criminal-defense skunkworks could inquire into: Facial emotion recognition as a tool in trial (see Unmasking the Face: A Guide to Recognizing Emotions From Facial Expressions); Turning the tables: criminal-interrogation techniques in cross examination (see Criminal Interrogation And Confessions); Applying the lessons of aikido to […]

  • Fleshing out the Criminal-Defense Skunkworks

    My vision for our criminal-defense skunkworks is that each of us will choose a discipline that interests him or her, review the literature, attend classes or seminars, and try applying it in trial, all the while collaborating with the rest of us (who will have chosen different disciplines to investigate). You know about the Trial […]

  • Building the Criminal-Defense Skunkworks

    I’m looking for a few good criminal-defense lawyers to advance the state of the art in criminal-defense trial lawyering. Together we will seek disciplines that have not hitherto been widely applied to the trial of criminal cases for the defense; investigate and experiment with these disciplines; share among ourselves when and how they are useful […]

  • Goosing Their Religion

    I've noticed that trial lawyers, when their beliefs about how to try cases are questioned, sometimes react as though the questions are personal attacks. This came to my attention in discussions among Trial Lawyers College alumni about the management of that institution. Most alumni remained silent, but the truth—that the avowedly anti-institutional College is run […]

  • More Truth About Fear

    When I pointed yesterday to the fact that Kelly Siegler’s advice to other prosecutors to “make people afraid” it was intended to be a Sunday-afternoon placeholder until I had time to deal with Kelly’s admonishment in more depth. Judge Caprice Cosper says that there are people whom we punish because we’re mad at them, and […]

  • Aimless Rambling

    From Therapeutic Metaphors & Clinical Hypnosis, by David Puchol Esparza: [Milton] Erickson told many stories and told them to a variety of clients. As he said of his treatment for a young, anorexic girl, “My treatment for Barbie was to tell her short stories, metaphors, suspenseful stories, intriguing stories, boring stories. I told her all […]

  • Trial Technologies Reading List 1

    My explicit exploration of alternative trial technologies started, believe it or not, with “The Game: Penetrating the Secret Society of Pickup Artists” (Neil Strauss). Jennifer bought it for my dad, and it was such a well-packaged book (black leatherette binding with red ribbon page marker, like a Bible) that I read through it. Reading it, […]

  • Other Trial Technologies

    In case you couldn’t already tell . . . I’m fascinated by the things other fields have to teach us (criminal trial lawyers) about what we do. For example, theatre: Keith Johnstone’s books, Impro for Storytellers and Improvisation and the Theatre contain lots of nuggets of wisdom that my brain translates into ways of thinking […]