Thursday, January 20, 2005

Lawyer ha ha ha

My Trial Ad professor was talking about the 12 principles of successfully conducting a trial. One of them was the usage of themes throughout the trial. Any theme that the jury can wrap its mind around and take back with it into the room. So he's giving us examples of such themes deployed in the past, one of them being the
(in)famous "If it doesn't fit, you must acquit" (courtesy of Johnny Cochran for O.J.)slogan. And then he went on to give examples of themes that would have been vastly successful if they'd been used:

1. Clinton trial: "He cheats on his wife but that's his personal life."
"If there is no mess on the dress, he need not confess."

2. Unabomber trial: "If it didn't detonate, you must exonerate."

From another of my Trial Ad classes:

"During the Nuremberg trials, the panel for Goerring consisted of 4 lawyers, each from a different country. And according to the historian present at the trials, each of them had a questioning style representative of their country's character.

The American - questioning was bold and unique, but got into trouble every now and then.

The Britisher - ineffective on his own, but brilliant when bailing the American out.

The Frenchman - charming, but *absolutely* ineffective.

The Russian - heavy, steady, tank-based approach which, once got started, could never be stopped."

The professor was making a point about how you should never quarrel with the witness on cross examination. So he goes back to the Nuremberg trial for Goerring and tells us that the Russian was quarrelling with Goerring. Here's how:

Russian: Look at this document I'm about to hand you. Is this your handwriting?

Goerring: Yes.

Russian (Yelling at the top of his voice): Do you now confess to being a fascist bastard???

Goerring: No.

Russian: Look at this other document I'm handing you. Is the handwriting yours?

Goerring: Yes.

Russian (still yelling real loud): Do you now confess to being a fascist bastard???

Goerring: No.

The questioning apparently went on ad nauseum.

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