Autor: mcgraw
Some people simply have cultivated a reserved personality since childhood, their trust hard to gain. Their instincts tell them to hold back and usually check on a person’s background before acknowledging that person worthy of a responsibility or acceptance. A positive outcome of this action is that they may gain few acquaintances and fewer friends but majority of which are true ones.
A detailed record is usually the most persuasive tool in proving ones worth. Internet may be one good source in acquiring much information. Among the records which have been used in years as a dependable reference of character is each individuals criminal record as this record gets regularly updated.
Background check helps prevent recurrence of violation from the same person. USA law enforcers gave their countrymen the privilege to probe into the criminal and court documents of the locations a suspicious individual stayed in.
Two kinds of criminal records accessible to the population of Canada and US States are On Premise County Courthouse and Database Criminal Search. The former can be relied upon for updates while the latter for the wide coverage for criminal record verification. On Premise County Courthouse records are acknowledged for their precision. The information accumulated from Database Criminal Search is a general knowledge or confirmed by majority of sources.
If Traffic Offenses, Misdemeanors or Felonies is the particular subject of research, county courthouses could be the first place of inquiry. However, one must check first a states classification of crimes. Example in one state there may be a number of violations included under Misdemeanors that are disseminated to a different category on another state. In some states too Misdemeanors falls under a category, not a category itself.
Each particular search could be easier accomplished when one knows where to look. Popular group of source choices is from nationwide, statewide, federal and countywide criminal records.
For more information about this article and its author you can check out Criminal Background Check for more information
Source: Free Articles
http://www.articlecircle.com/business/human-resources/criminal-background-check.html
Tuesday, March 23, 2010
Criminal Law is The Set of Acceptable Limits of Conduct in Society
Autor: hunter
Some people are unaware of the fact that there are different classifications of law. The law itself is broken down into different classifications and categories and each category covers an extensive array of laws and regulations. One such classification or category is criminal law. Criminal law itself is the set of acceptable limits of conduct in society. This is what people should and should not do. These are the rules and regulations that everyone in society is expected to follow. Criminal law itself does not demand that members of society perform any special acts; it outlines what they should not do. Each country has its own set of laws that people must follow. As well each country has its own set of punishments for those who break the law.
Criminal law itself consists of a variety of things. Criminal law consists primarily of the criminal laws themselves and the criminal procedures that must be followed. It also includes the legal rules defining criminal conduct and how it is punished.
Criminal law is also used to define what a crime is exactly. According to the criminal law, a crime is a wrong committed by a person against a state or federal government. Due to the fact that the crime is committed against all members of society and not just a particular individual or victim, the victim does not make the decision about whether or not to prosecute the criminal. A representative of the federal government or state makes this decision as laid out by the criminal law procedures for that state or country.
Under the classification of criminal law there are various types of crimes for which lawbreakers can be prosecuted. The first of these is felony. A felony an offense punishable by a term of imprisonment exceeding one year or by death. Another type of crime as described under the criminal law is a misdemeanor. A misdemeanor is a crime punishable by imprisonment in a county jail for up to one year or jail and fine. One of the more serious crimes that fall under the category of criminal law is assault. Assault is defined as an act that intentionally or recklessly causes another to apprehend immediate and unlawful personal violence.
Source: Free Articles
http://www.articlecircle.com/legal/criminal-law-is-the-set-of-acceptable-limits-of-conduct-in-society.html
Some people are unaware of the fact that there are different classifications of law. The law itself is broken down into different classifications and categories and each category covers an extensive array of laws and regulations. One such classification or category is criminal law. Criminal law itself is the set of acceptable limits of conduct in society. This is what people should and should not do. These are the rules and regulations that everyone in society is expected to follow. Criminal law itself does not demand that members of society perform any special acts; it outlines what they should not do. Each country has its own set of laws that people must follow. As well each country has its own set of punishments for those who break the law.
Criminal law itself consists of a variety of things. Criminal law consists primarily of the criminal laws themselves and the criminal procedures that must be followed. It also includes the legal rules defining criminal conduct and how it is punished.
Criminal law is also used to define what a crime is exactly. According to the criminal law, a crime is a wrong committed by a person against a state or federal government. Due to the fact that the crime is committed against all members of society and not just a particular individual or victim, the victim does not make the decision about whether or not to prosecute the criminal. A representative of the federal government or state makes this decision as laid out by the criminal law procedures for that state or country.
Under the classification of criminal law there are various types of crimes for which lawbreakers can be prosecuted. The first of these is felony. A felony an offense punishable by a term of imprisonment exceeding one year or by death. Another type of crime as described under the criminal law is a misdemeanor. A misdemeanor is a crime punishable by imprisonment in a county jail for up to one year or jail and fine. One of the more serious crimes that fall under the category of criminal law is assault. Assault is defined as an act that intentionally or recklessly causes another to apprehend immediate and unlawful personal violence.
Source: Free Articles
http://www.articlecircle.com/legal/criminal-law-is-the-set-of-acceptable-limits-of-conduct-in-society.html
On-line Solicitation of a Minor For Sexual Purposes: The Legality Behind The Charge
Autor: levelten
On-line solicitation of a minor for a sexual purpose, that is, with intent to commit a sexual activity with that minor, is one of the most investigated and targeted activities by both federal and state law enforcement in this day and age. The on-line solicitation as it is known as, is usually in the form of contact by electronic mail (e-mail), instant messaging, or other use of the Internet.
The contact with a minor (underage person), often a male contacting an underage female, becomes a violation of state and federal law when the conversation turns to content of a sexual nature to the extent that it appears that the contacting person is communicating in a sexually explicit manner with the contacted person.
Often, persons are prosecuted pursuant to these laws when a person arranges to meet the minor to engage in sexual activity. However, the person making the on-line communication may be prosecuted even if he does not follow through with contact with the minor, but rather merely communicates in a sexually explicit manner. Also, persons can be prosecuted here if they forward sexually explicit material to the minor.
Both the United States Code (federal criminal laws) and the Texas Penal Code (state criminal laws) contain laws against on-line solicitation of minors for a sexual purpose. Below is the law in state courts in Texas against solicitation of a minor using the Internet (on-line solicitation), as set out in Texas Penal Code Section 33.021:
ONLINE SOLICITATION OF A MINOR (Texas Penal Code 33.021)
(a) In this section:
(1)"Minor" means:
(A) an individual who represents himself or herself to be younger than 17 years of age; or
(B) an individual whom the actor believes to be younger than 17 years of age.
(2) "Sexual contact," "sexual intercourse," and "deviate sexual intercourse" have the meanings assigned by Section 21.01.
(3) "Sexually explicit" means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25.
(b) A person who is 17 years of age or older commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet or by electronic mail or a commercial online service, intentionally:
(1) communicates in a sexually explicit manner with a minor; or
(2) distributes sexually explicit material to a minor.
(c) A person commits an offense if the person, over the Internet or by electronic mail or a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.
DEFENSES TO AN ON-LINE SOLICITATION CHARGE
The following are defenses to the On-Line Solicitation of a Minor per Section 33.021 of the Texas Penal Code, and are contained in paragraph (e) of this statute:
(e) It is a defense to prosecution under this section that at the time conduct described by Subsection (b) or (c) was committed:
(1) the actor was married to the minor; or
(2) the actor was not more than three years older than the minor and the minor consented to the conduct.
The following are not defenses to this state statute of on-line solicitation, as per the statute itself, Section 33.021. This portion of the statute actually prevents a person from claiming that he was not serious about the content of the communication with the minor:
(d) It is not a defense to prosecution under Subsection (c) that:
(1) the meeting did not occur;
(2) the actor did not intend for the meeting to occur; or
(3) the actor was engaged in a fantasy at the time of commission of the offense.
Source: Free Articles: http://www.articlecircle.com/legal/national-state-local/on-line-solicitation-of-a-minor-for-sexual-purposes-the-legality-behind-the-charge.html
On-line solicitation of a minor for a sexual purpose, that is, with intent to commit a sexual activity with that minor, is one of the most investigated and targeted activities by both federal and state law enforcement in this day and age. The on-line solicitation as it is known as, is usually in the form of contact by electronic mail (e-mail), instant messaging, or other use of the Internet.
The contact with a minor (underage person), often a male contacting an underage female, becomes a violation of state and federal law when the conversation turns to content of a sexual nature to the extent that it appears that the contacting person is communicating in a sexually explicit manner with the contacted person.
Often, persons are prosecuted pursuant to these laws when a person arranges to meet the minor to engage in sexual activity. However, the person making the on-line communication may be prosecuted even if he does not follow through with contact with the minor, but rather merely communicates in a sexually explicit manner. Also, persons can be prosecuted here if they forward sexually explicit material to the minor.
Both the United States Code (federal criminal laws) and the Texas Penal Code (state criminal laws) contain laws against on-line solicitation of minors for a sexual purpose. Below is the law in state courts in Texas against solicitation of a minor using the Internet (on-line solicitation), as set out in Texas Penal Code Section 33.021:
ONLINE SOLICITATION OF A MINOR (Texas Penal Code 33.021)
(a) In this section:
(1)"Minor" means:
(A) an individual who represents himself or herself to be younger than 17 years of age; or
(B) an individual whom the actor believes to be younger than 17 years of age.
(2) "Sexual contact," "sexual intercourse," and "deviate sexual intercourse" have the meanings assigned by Section 21.01.
(3) "Sexually explicit" means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25.
(b) A person who is 17 years of age or older commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet or by electronic mail or a commercial online service, intentionally:
(1) communicates in a sexually explicit manner with a minor; or
(2) distributes sexually explicit material to a minor.
(c) A person commits an offense if the person, over the Internet or by electronic mail or a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.
DEFENSES TO AN ON-LINE SOLICITATION CHARGE
The following are defenses to the On-Line Solicitation of a Minor per Section 33.021 of the Texas Penal Code, and are contained in paragraph (e) of this statute:
(e) It is a defense to prosecution under this section that at the time conduct described by Subsection (b) or (c) was committed:
(1) the actor was married to the minor; or
(2) the actor was not more than three years older than the minor and the minor consented to the conduct.
The following are not defenses to this state statute of on-line solicitation, as per the statute itself, Section 33.021. This portion of the statute actually prevents a person from claiming that he was not serious about the content of the communication with the minor:
(d) It is not a defense to prosecution under Subsection (c) that:
(1) the meeting did not occur;
(2) the actor did not intend for the meeting to occur; or
(3) the actor was engaged in a fantasy at the time of commission of the offense.
Source: Free Articles: http://www.articlecircle.com/legal/national-state-local/on-line-solicitation-of-a-minor-for-sexual-purposes-the-legality-behind-the-charge.html
What does a criminal attorney do?
Autor: Jwilliams
A criminal attorney basically represents someone accused of a crime in court. Let me give you a little background before explaining what it is exactly that a criminal attorney does. Sometimes the law allows a person to use physical force against another, whether it is in self-defense or the protection of another, or even to protect one's property, these are all acceptable uses of self-defense. You and your criminal defense attorney are going to have to show at least four instances of why you had to defend yourself in such an extreme way. Your attorney will have to show the judge or jury that (1) your confrontation was unprovoked by you, (2) that you were in immediate danger of bodily harm, (3) that your use of force was necessary in preventing that harm, and (4) that the amount of force you used was reasonable.
If you were in a position where you had to defend yourself against an attack from someone you think meant you bodily harm, it is up to your criminal attorney to prove that you had a reasonable belief the actions you used to defend yourself were necessary and just to prevent either your own death, the death of another, or serious bodily harm. The force used against you must be unlawful or improper, and directed toward you without your consent.
Battered Wife Syndrome is a good example of self-defense. This defense is when a women has been subjected to physical and mental abuse continually by their husbands or significant others. Courts may find this case somewhat confusing because in most cases, women who kill their husbands also planned to kill them. If this is your situation, then your criminal attorney will have to prove to a jury or judge that under circumstances such as these, you had two choices--You can wait until your husband finally kills you or, kill your husband before he gets the opportunity to kill you. In this case, it will be up to the state prosecutor to prove beyond a reasonable doubt that killing your husband was not the only way out. For example: Why didn't you just leave your husband and go stay with a friend or relative and file for divorce? Or, you could have gotten a court order to restrict your husband from approaching you within so many feet. If Battered Wife Syndrome is your defense, then your criminal attorney will prepare you for this type of questioning.
What does a criminal attorney do? The answer to that is, a lot. They will fight for your defense because he or she believes in your innocence and constitutional rights, no matter what you have done. If you were charged with a serious crime in the past, but today you are sleeping in your own soft bed and not a concrete slab, you have your criminal defense attorney to thank.
Source: Free Articles
sources from: http://www.articlecircle.com/legal/national-state-local/what-does-a-criminal-attorney-do.html
A criminal attorney basically represents someone accused of a crime in court. Let me give you a little background before explaining what it is exactly that a criminal attorney does. Sometimes the law allows a person to use physical force against another, whether it is in self-defense or the protection of another, or even to protect one's property, these are all acceptable uses of self-defense. You and your criminal defense attorney are going to have to show at least four instances of why you had to defend yourself in such an extreme way. Your attorney will have to show the judge or jury that (1) your confrontation was unprovoked by you, (2) that you were in immediate danger of bodily harm, (3) that your use of force was necessary in preventing that harm, and (4) that the amount of force you used was reasonable.
If you were in a position where you had to defend yourself against an attack from someone you think meant you bodily harm, it is up to your criminal attorney to prove that you had a reasonable belief the actions you used to defend yourself were necessary and just to prevent either your own death, the death of another, or serious bodily harm. The force used against you must be unlawful or improper, and directed toward you without your consent.
Battered Wife Syndrome is a good example of self-defense. This defense is when a women has been subjected to physical and mental abuse continually by their husbands or significant others. Courts may find this case somewhat confusing because in most cases, women who kill their husbands also planned to kill them. If this is your situation, then your criminal attorney will have to prove to a jury or judge that under circumstances such as these, you had two choices--You can wait until your husband finally kills you or, kill your husband before he gets the opportunity to kill you. In this case, it will be up to the state prosecutor to prove beyond a reasonable doubt that killing your husband was not the only way out. For example: Why didn't you just leave your husband and go stay with a friend or relative and file for divorce? Or, you could have gotten a court order to restrict your husband from approaching you within so many feet. If Battered Wife Syndrome is your defense, then your criminal attorney will prepare you for this type of questioning.
What does a criminal attorney do? The answer to that is, a lot. They will fight for your defense because he or she believes in your innocence and constitutional rights, no matter what you have done. If you were charged with a serious crime in the past, but today you are sleeping in your own soft bed and not a concrete slab, you have your criminal defense attorney to thank.
Source: Free Articles
sources from: http://www.articlecircle.com/legal/national-state-local/what-does-a-criminal-attorney-do.html
Criminal Defense Attorney - What Are The Benefits To Using One
By: Andrew Stratton
When facing a criminal charge, there are three legal representation options that an individual must choose from: self representation, utilize a court-appointed lawyer or hire a private criminal defense attorney. The smallest percent choose self-representation, which is the most risky option. In addition to lacking experience and access to legal material, self-defendants do not possess the objectivity required to present their case.
While some may mistakenly believe that since they plan to plead guilty they don't need a lawyer, they are forgetting that a lawyer might well be able to figure out options or to reduce the sentencing. There are many factors to take into account when determine whether it is best for a defendant to plea bargain or go to trial. A professional lawyer will be able to analyze and evaluate all facts surrounding the case including the evidence held by the state, testimony from witnesses and physical evidence.
Court-appointed criminal defense attorneys are not available to everyone. Each state and municipality has guidelines to determine eligibility for full or partial legal representation. These guidelines are based on the income of the defendant and take into account only their sole income, not that of a spouse or other relative.
While it is commonly assumed that state attorneys are not as effective as private attorneys, studies show that private defense attorneys, on average, only produce marginally better conviction to dismissal rates. Public defenders have the advantage of extensive experience in and knowledge of a specific court system, including relationships with most parties involved in a trial.
The disadvantage is that a defendant is not able to select a public attorney. And although there are ways to request a change of public defender, it can be very difficult to successfully do so. Defendants lack the option of interviewing potential candidates and select one with whom they feel comfortable and communicate and work well with.
This is an important part of the process when selecting a private attorney. A defendant should interview several criminal defense attorneys, having prepared plenty of questions in advance. It is important to select an experienced trial lawyer who has defended against similar criminal charges as those you are facing. Resist hiring an acquaintance or a cheaper lawyer who specializes in another area of legal practice.
An experienced criminal defense attorney will have access to research and knowledge of related trial outcomes that will allow them to be able to develop a comprehensive strategy.
Read more: http://www.articlesnatch.com/Article/Criminal-Defense-Attorney---What-Are-The-Benefits-To-Using-One/1026053#ixzz0j39l4z06
Under Creative Commons License: Attribution No Derivatives
sources from: http://www.articlesnatch.com/Article/Criminal-Defense-Attorney---What-Are-The-Benefits-To-Using-One/1026053
When facing a criminal charge, there are three legal representation options that an individual must choose from: self representation, utilize a court-appointed lawyer or hire a private criminal defense attorney. The smallest percent choose self-representation, which is the most risky option. In addition to lacking experience and access to legal material, self-defendants do not possess the objectivity required to present their case.
While some may mistakenly believe that since they plan to plead guilty they don't need a lawyer, they are forgetting that a lawyer might well be able to figure out options or to reduce the sentencing. There are many factors to take into account when determine whether it is best for a defendant to plea bargain or go to trial. A professional lawyer will be able to analyze and evaluate all facts surrounding the case including the evidence held by the state, testimony from witnesses and physical evidence.
Court-appointed criminal defense attorneys are not available to everyone. Each state and municipality has guidelines to determine eligibility for full or partial legal representation. These guidelines are based on the income of the defendant and take into account only their sole income, not that of a spouse or other relative.
While it is commonly assumed that state attorneys are not as effective as private attorneys, studies show that private defense attorneys, on average, only produce marginally better conviction to dismissal rates. Public defenders have the advantage of extensive experience in and knowledge of a specific court system, including relationships with most parties involved in a trial.
The disadvantage is that a defendant is not able to select a public attorney. And although there are ways to request a change of public defender, it can be very difficult to successfully do so. Defendants lack the option of interviewing potential candidates and select one with whom they feel comfortable and communicate and work well with.
This is an important part of the process when selecting a private attorney. A defendant should interview several criminal defense attorneys, having prepared plenty of questions in advance. It is important to select an experienced trial lawyer who has defended against similar criminal charges as those you are facing. Resist hiring an acquaintance or a cheaper lawyer who specializes in another area of legal practice.
An experienced criminal defense attorney will have access to research and knowledge of related trial outcomes that will allow them to be able to develop a comprehensive strategy.
Read more: http://www.articlesnatch.com/Article/Criminal-Defense-Attorney---What-Are-The-Benefits-To-Using-One/1026053#ixzz0j39l4z06
Under Creative Commons License: Attribution No Derivatives
sources from: http://www.articlesnatch.com/Article/Criminal-Defense-Attorney---What-Are-The-Benefits-To-Using-One/1026053
Federal Criminal Defense Attorneys, the men to turn to
The mission of a nation's federal criminal defense attorneys is to ensure justice and due process for persons accused of crime or other misconduct. A federal criminal defense attorney is a lawyer specializing in the defense of individuals and companies charged with criminal conduct. Federal criminal defense attorneys deal with the issues surrounding the apprehension, searches of client or property, and arrest of their clients in view of the Fourth Amendment, as well as any statements the client may have made, in view of the Fifth Amendment.
Federal criminal defense attorneys also deal with the substantive issues of the crimes with which his or her clients are charged. Federal criminal defense attorneys are entitled to the presumption of innocence until prosecutors prove each essential element of a crime beyond a reasonable doubt. Serious crimes like felonies are tried to juries of twelve people and the jury must be unanimous in its verdict to either convict or acquit the defendant. A split in the jury is often called a "hung jury" and may result in a retrial of the defendant. Federal criminal defense attorneys
actively pursue their client's cause through all stages of a criminal prosecution.
Federal criminal defense attorneys who are employed by governmental entities such as counties, states, and the federal government are often referred to as public defenders. These are often fresh law school graduates seeking to gain quick courtroom experience, but there are many older, extremely well experienced lawyers who have made public defending a lifetime vocation. There are also private defense lawyers who are retained by individual clients on a case by case basis. The work of a federal criminal defense attorney can be intimidating for some lawyers as the spectre of a client going to jail for long periods of time or even being subjected to capital punishment looms over some defendants.
Federal criminal defense attorneys can help people who have been accused of crimes in areas such as white collar crime, SEC violations, tax crimes, asset forfeiture, fraud, drug possession, drug trafficking, conspiracy, racketeering (RICO cases), money laundering, theft, extradition, and public corruption. Most experienced federal criminal defense attorneys are admitted to practice before the United States Supreme Court, and all lower Federal Courts, including U.S. Tax Court. A major number from the country’s federal criminal defense attorneys are interested in representing clients whose professional reputations, assets, and social status would be at risk if convicted of a serious white collar crime. This includes, but is not limited to, stockbrokers, bank officers, CEO's, attorneys, physicians, entrepreneurs, and other trade professionals.
Good federal criminal defense attorneys investigate every theory, consider every approach, and pursue every ethical strategy under the law as they analyze the often complex cases. They mount the defense case with a relentless commitment to protecting the interests of their clients.
Retrieved from "http://www.articlesbase.com/news-and-society-articles/federal-criminal-defense-attorneys-the-men-to-turn-to-1721342.html"
(ArticlesBase SC #1721342)
sources from: http://www.articlesbase.com/news-and-society-articles/federal-criminal-defense-attorneys-the-men-to-turn-to-1721342.html
Federal criminal defense attorneys also deal with the substantive issues of the crimes with which his or her clients are charged. Federal criminal defense attorneys are entitled to the presumption of innocence until prosecutors prove each essential element of a crime beyond a reasonable doubt. Serious crimes like felonies are tried to juries of twelve people and the jury must be unanimous in its verdict to either convict or acquit the defendant. A split in the jury is often called a "hung jury" and may result in a retrial of the defendant. Federal criminal defense attorneys
actively pursue their client's cause through all stages of a criminal prosecution.
Federal criminal defense attorneys who are employed by governmental entities such as counties, states, and the federal government are often referred to as public defenders. These are often fresh law school graduates seeking to gain quick courtroom experience, but there are many older, extremely well experienced lawyers who have made public defending a lifetime vocation. There are also private defense lawyers who are retained by individual clients on a case by case basis. The work of a federal criminal defense attorney can be intimidating for some lawyers as the spectre of a client going to jail for long periods of time or even being subjected to capital punishment looms over some defendants.
Federal criminal defense attorneys can help people who have been accused of crimes in areas such as white collar crime, SEC violations, tax crimes, asset forfeiture, fraud, drug possession, drug trafficking, conspiracy, racketeering (RICO cases), money laundering, theft, extradition, and public corruption. Most experienced federal criminal defense attorneys are admitted to practice before the United States Supreme Court, and all lower Federal Courts, including U.S. Tax Court. A major number from the country’s federal criminal defense attorneys are interested in representing clients whose professional reputations, assets, and social status would be at risk if convicted of a serious white collar crime. This includes, but is not limited to, stockbrokers, bank officers, CEO's, attorneys, physicians, entrepreneurs, and other trade professionals.
Good federal criminal defense attorneys investigate every theory, consider every approach, and pursue every ethical strategy under the law as they analyze the often complex cases. They mount the defense case with a relentless commitment to protecting the interests of their clients.
Retrieved from "http://www.articlesbase.com/news-and-society-articles/federal-criminal-defense-attorneys-the-men-to-turn-to-1721342.html"
(ArticlesBase SC #1721342)
sources from: http://www.articlesbase.com/news-and-society-articles/federal-criminal-defense-attorneys-the-men-to-turn-to-1721342.html
Corporate Defense: Laughter as a "Defense" Mechanism
A lighthearted article in Legal Times by Michael D. Jones of Kirkland & Ellis, “When Faced With an Angry Jury, Laughter May Be the Best Defense,” acknowledges that this era of anger over Wall Street bailouts and rampant corporate greed or fraud is an especially bad one for counsel who defend corporations. The author offers a potential answer to juries’ outrage—laughter. The article notes the an anti-business coverage in the news media and a backlash by juries, citing a February verdict against Novartis in Alabama—a notorious pro-corporate state—for $78.4 million, including $50 million in punitive damages, for overcharging Medicare for prescription drugs.
The article cites a 2004 study which found that angry or irate jurors were the “least influenced” by the defense’s case, because such jurors tend to jump to conclusions and act on them. Such angry jurors are less likely to favor the less sympathetic party or the party with more nuanced arguments—which is frequently the corporate defendant. It continues to note that traditional assumptions regarding jurors may not apply in today’s anti-corporate climate, and that white-collar workers may be just as angry as blue-collar workers. In view of this reality, counsel with corporate clients must seek to diffuse or redirect this anger.
The author concludes that attorneys defending corporations should consider using trial tactics which include humor and emotional redirection. The American Psychological Association says that humor is a mechanism to control anger. The author notes that it is difficult for people to be angry and to laugh at the same time. Also, self-deprecating references by counsel force jurors to acknowledge counsel as a human being and in turn can generate more goodwill for one’s client
However, counsel considering injecting humor into a trial have to be careful that it does not backfire. Humor at the expense of a litigant or witness may cause the jury to sympathize with the opposing party. Timing is also critical, and joking during serious moments can have serious consequences.
The article also advocates emotional redirection techniques, such as persuading a jury which is determined to help a victim that there is more than one victim in the case. It concludes that in this time of anti-corporate anger, attorneys need to develop trial strategies for dealing with anger—advice not to be taken lightly.
sources from: http://www.federalcriminaldefenseblog.com/articles/arguments/
The article cites a 2004 study which found that angry or irate jurors were the “least influenced” by the defense’s case, because such jurors tend to jump to conclusions and act on them. Such angry jurors are less likely to favor the less sympathetic party or the party with more nuanced arguments—which is frequently the corporate defendant. It continues to note that traditional assumptions regarding jurors may not apply in today’s anti-corporate climate, and that white-collar workers may be just as angry as blue-collar workers. In view of this reality, counsel with corporate clients must seek to diffuse or redirect this anger.
The author concludes that attorneys defending corporations should consider using trial tactics which include humor and emotional redirection. The American Psychological Association says that humor is a mechanism to control anger. The author notes that it is difficult for people to be angry and to laugh at the same time. Also, self-deprecating references by counsel force jurors to acknowledge counsel as a human being and in turn can generate more goodwill for one’s client
However, counsel considering injecting humor into a trial have to be careful that it does not backfire. Humor at the expense of a litigant or witness may cause the jury to sympathize with the opposing party. Timing is also critical, and joking during serious moments can have serious consequences.
The article also advocates emotional redirection techniques, such as persuading a jury which is determined to help a victim that there is more than one victim in the case. It concludes that in this time of anti-corporate anger, attorneys need to develop trial strategies for dealing with anger—advice not to be taken lightly.
sources from: http://www.federalcriminaldefenseblog.com/articles/arguments/
Subscribe to:
Posts (Atom)