Criminal Trial Lawyer Secrets: How To Persuade A Jury Not To Hold Your Silence Against You!! #criminaljustice #constitutionalrights #criminallawyer
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We all know you have a 5th Amendment Right to Remain Silent - both in talking to law enforcement, as well as testifying in court. That is theory - what about reality? In reality, most jurors in a criminal trial don’t always care about your Constitutional Rights and they make decisions based upon their gut feeling about you. That is problematic when they want to know what happened in a case.
At its core, a jury has this belief that they took the time out of their day to be in court to do justice. Many jurors think that means they need to crack the code about what happened and someone should be blamed if someone was hurt or something bad happened.
The problem with testifying is what? If you testify, the jurors could not believe you and decide you are guilty. If you don’t testify, they think you are hiding something. “If I were innocent, I would testify” - that is the number one thing I hear jurors say in a criminal trial.
In fact, if a juror says in open court that they will hold your silence against you, they can be released from the jury for legal cause - they are not willing to follow the law.
However, how do we handle the reality that most jurors will tell you that they will not hold your silence against you, but behind closed doors they still do? I want to share a strategy we have used in jury trials to help convince jurors to NOT hold your silence against you!
Ms. Jones has been charged with the crime of murder and in the paper the headlines say she was charged and the details are outlined in the paper and so we read the paper and say, that woman is a dirty dog and she should be hung. Then you hear me, a lawyer, walk in and talk to you about the Constitutional provision that says Ms. Jones is entitled to be presumed innocent and you say yes. I ask you if you can really do that - can you?
We never hear Ms. Jones side of the story and she wouldn’t dare say anything anyway because I would tell her not to because it is the government’s responsibility to prove an offense
Whose face do you see - some fancy lawyer with his client, a mobster/mafia figure in a hearing where the lawyer whispers in his ear to say that he should refuse to answer on the grounds it could incriminate him? Is that what you see when we talk about someone’s right not to testify in a trial?
Then you hear a common lawyer like me stand before you and tell you that Ms. Jones doesn’t have to say anything because she has 5th Amendment rights and the State has to prove it against her. Do you say that only crooks exercise their Constitutional rights?
How many of you could make room for the possibility that an innocent person would want to use their Constitutional rights? Would you want to use your Constitutional rights? Ask a juror: if you were charged with a crime, and a police officer or agent of the government approaches you and says tell me now what I want to know.
I have to make a decision during this case as to whether Ms. Jones will testify. What do you think about that? If I put her on the stand, don’t you realize that she might lie to save herself or her son? So if I put her on the stand will you believe her anyway? Will you say she will lie regardless, to defend herself? Supposing that I was your lawyer and you were charged with this same crime and I told you that you might not be able to convince anyone of your innocence, even though you are innocent. That you might be so afraid that you might not be able to defend yourself. Do you think you might understand that? Do you think you might be afraid in that situation?
We deal with our fears in different ways, don’t we? When we are afraid, we don’t like to shake or shiver, sometimes we might become aggressive or evade or a number of things to cover our fears. Suppose she takes the stand and does one of those things in an attempt to cover her fear and you might see that as evidence of lying and not evidence of fear. Is that possible? There is a very serious question about her testifying.
00:00 How to Convince a Jury to Believe You Even When You Stay Silent!
02:19 Jurors Expect To Blame Someone For What Happened!
02:42 Dilemma Of Testifying In A Criminal Trial
04:19 Remove A Juror For Cause!
04:50 Key Strategies For Success!
05:50 Presumption Of Innocence
08:54 Do Only Crooks Exercise Their Constitutional Rights?
11:31 Persuading Jurors Is Possible
12:48 Is It Possible An Innocent Person Might Be Misjudged By A Jury?
Негізгі бет How to Convince a Jury to Believe You Even When You Stay Silent! (2023)
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