The Constitution protects our right to an impartial jury. But actually producing an impartial jury from among our peers can be challenging, especially given how attorneys and judges are trained. We often think that the purpose of voir dire is simply to identify biases. But this isn’t altogether true. We all operate from the perspective […]
America’s legal system is not perfect. But if we’re being honest, what system is? Moreover, even if there existed a perfect system, imperfect men and women would be responsible for its discharge. This would all but guarantee its inevitable demise in the absence of the most stringently enforced checks and balances. In The Federalist No. […]
Ironically, the question, “Is arguing a virtue or a vice?” can only be answered by arguing whether or not arguments are a virtue or a vice. So it seems clear, at least initially, arguing must be a virtue, assuming of course it’s done in a principled way. Besides, how else can the truth be discovered? […]
Many individuals take up positions that are self-defeating. For lawyers, identifying self-defeating arguments can be advantageous in quickly and effectively resolving a case. To illustrate, how often have we heard the argument “there is no truth?” Many, in fact, have adopted this viewpoint despite its inherent contradiction. Take for example a recent conversation I had […]
Clarity Jury Consulting can enhance and make a significant impact on a lawyer’s effectiveness when communicating with jurors. The use of psychological methods can inspire and influence a juror’s behavior and thought process. An attorney can be one step ahead of opposing counsel by understanding the process of the human brain; persuasion is an extremely […]