Theory of the Case - Revision history

Kkhalizova at 10:35, 14 July 2011

2011-07-14T10:35:08Z

← Older revision		Revision as of 12:35, 14 July 2011
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	{{Languages\|~~русский~~}}		{{Languages\|Theory of the Case}}

Kkhalizova at 10:34, 14 July 2011

2011-07-14T10:34:06Z

← Older revision		Revision as of 12:34, 14 July 2011
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	See [[Trial~~]], [[Cross-Examination]], [[Opening Statements]], [[Closing Statements]] and [[Direct Examination~~]]		See [[Trial]]

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	{{Languages\|~~Theory of the Case~~}}		{{Languages\|русский}}

Saviles: /* Background */

2011-07-08T12:18:42Z

Background

← Older revision		Revision as of 14:18, 8 July 2011
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	== Background ==		== Background ==
	To defend a client effectively, the lawyer must understand how to tell a story to the court. This story can be summarized as the defense theory of the case. The more convincing and touching the story is, the more persuasive the argument becomes to the factfinder, who ultimately decides the facts of the case. Every well-knit story needs a plot, and for a defense argument, the plot provides the best tool for explaining the facts of your theory of the case.		To defend a client effectively, the lawyer must understand how to tell a story to the court. This story can be summarized as the defense theory of the case. The more convincing and touching the story is, the more persuasive the argument becomes to the factfinder, who ultimately decides the facts of the case. Every well-knit story needs a plot, and for a defense argument, the plot provides the best tool for explaining the facts of your theory of the case.
	~~<reference>oxford dictionary</reference>~~
	The basic requirement in preparing a defense is to develop a theory of the case. Of course it is necessary to research the law and to identify the elements of each charge. It is also important to go over the prosecution's evidence carefully to see if there is evidence of each element. But a well thought out theory of the case enables the defender to ask the right questions and look for the right evidence to prepare for trial.		The basic requirement in preparing a defense is to develop a theory of the case. Of course it is necessary to research the law and to identify the elements of each charge. It is also important to go over the prosecution's evidence carefully to see if there is evidence of each element. But a well thought out theory of the case enables the defender to ask the right questions and look for the right evidence to prepare for trial.

Saviles: /* Background */

2011-07-08T12:16:20Z

Background

← Older revision		Revision as of 14:16, 8 July 2011
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	== Background ==		== Background ==
	To defend a client effectively, the lawyer must understand how to tell a story to the court. This story can be summarized as the defense theory of the case. The more convincing and touching the story is, the more persuasive the argument becomes to the factfinder, who ultimately decides the facts of the case. Every well-knit story needs a plot, and for a defense argument, the plot provides the best tool for explaining the facts of your theory of the case.		To defend a client effectively, the lawyer must understand how to tell a story to the court. This story can be summarized as the defense theory of the case. The more convincing and touching the story is, the more persuasive the argument becomes to the factfinder, who ultimately decides the facts of the case. Every well-knit story needs a plot, and for a defense argument, the plot provides the best tool for explaining the facts of your theory of the case.
			<reference>oxford dictionary</reference>
	The basic requirement in preparing a defense is to develop a theory of the case. Of course it is necessary to research the law and to identify the elements of each charge. It is also important to go over the prosecution's evidence carefully to see if there is evidence of each element. But a well thought out theory of the case enables the defender to ask the right questions and look for the right evidence to prepare for trial.		The basic requirement in preparing a defense is to develop a theory of the case. Of course it is necessary to research the law and to identify the elements of each charge. It is also important to go over the prosecution's evidence carefully to see if there is evidence of each element. But a well thought out theory of the case enables the defender to ask the right questions and look for the right evidence to prepare for trial.

Saviles at 13:48, 3 June 2011

2011-06-03T13:48:47Z

Saviles at 13:15, 3 June 2011

2011-06-03T13:15:50Z

← Older revision		Revision as of 15:15, 3 June 2011
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	**Use active tense.		**Use active tense.
	**Avoid unconscious hesitation or useless verb pauses.		**Avoid unconscious hesitation or useless verb pauses.
	**Use ~~lgnauge~~ that has the appropriate emotional and appealing elements.		**Use language that has the appropriate emotional and appealing elements.
	**Use vivid language.		**Use vivid language.
	**Use ~~concerte~~ rather than abstract language.		**Use concrete rather than abstract language.
	**Use detailed and accurate rather than general or vague language.		**Use detailed and accurate rather than general or vague language.
	*There should be sentence variety, but short sentences are best.		*There should be sentence variety, but short sentences are best.
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	Whether defense counsel chooses to develop a specific defense or simply to rely on the prosecutor's failure to carry the burden of proof he must begin early on to develop a theory of the case. Some defenses are directed at a failure of proof (e.g., alibi or consent) whereas others are more general and are applicable even if all the elements of the crime are proved (e.g., self-defense, insanity, entrapment). The approach you take will determine many subsequent actions. In addition, in some states the defense must give notice to the prosecutor that a specific defense is being asserted. This is often true, for example, of the alibi defense.		Whether defense counsel chooses to develop a specific defense or simply to rely on the prosecutor's failure to carry the burden of proof he must begin early on to develop a theory of the case. Some defenses are directed at a failure of proof (e.g., alibi or consent) whereas others are more general and are applicable even if all the elements of the crime are proved (e.g., self-defense, insanity, entrapment). The approach you take will determine many subsequent actions. In addition, in some states the defense must give notice to the prosecutor that a specific defense is being asserted. This is often true, for example, of the alibi defense.

	Anyone handling a defense understands that it is necessary to look at the most obvious aspects. But it is also important to consider the facts beyond the obvious. It is the job of the ~~defence~~ to point out the whole picture, beyond the first glance, the most obvious. Developing the theory of the case points the directions for investigation, and the investigation is likely to uncover information that further develops the theory of the case.		Anyone handling a defense understands that it is necessary to look at the most obvious aspects. But it is also important to consider the facts beyond the obvious. It is the job of the defense to point out the whole picture, beyond the first glance, the most obvious. Developing the theory of the case points the directions for investigation, and the investigation is likely to uncover information that further develops the theory of the case.

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Ibjadmin at 16:51, 31 March 2011

2011-03-31T16:51:07Z

← Older revision		Revision as of 18:51, 31 March 2011
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	See [[Trial]]		See [[Trial]], [[Cross-Examination]], [[Opening Statements]], [[Closing Statements]] and [[Direct Examination]]

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	{{Languages\|Theory of the Case}}		{{Languages\|Theory of the Case}}

Ibjadmin: /* Conclusion */

2011-03-07T16:08:38Z

Conclusion

← Older revision		Revision as of 18:08, 7 March 2011
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	See [[Trial]]		See [[Trial]]

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			{{Languages\|Theory of the Case}}

Durankar: /* Storytelling */

2011-01-07T11:46:51Z

Storytelling

Durankar: /* Storytelling */

2011-01-07T11:45:51Z

Storytelling

← Older revision		Revision as of 13:45, 7 January 2011
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	The following suggestions may help the lawyer decide what language to use or avoid in stating a theory of the case on behalf of a client:		The following suggestions may help the lawyer decide what language to use or avoid in stating a theory of the case on behalf of a client:
	*The language of storytelling and the language the lawyer normally uses are very different. ~~THe~~ lawyer should tell the story as if he is casually speaking with friends.		*The language of storytelling and the language the lawyer normally uses are very different. The lawyer should tell the story as if he is casually speaking with friends.
	*Speak accurately. What you actually saw should match what you intend to say		*Speak accurately. What you actually saw should match what you intend to say
	*Translate legal terms or abstract concepts into clear, common, and simple language		*Translate legal terms or abstract concepts into clear, common, and simple language

← Older revision		Revision as of 15:48, 3 June 2011
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	<blockquote> "That combination of facts and law which in a common sense and emotional way leads the judge to conclude a fellow citizen is wrongfully accused" - Tony Natale, Federal Defender </blockquote>		<blockquote> "That combination of facts and law which in a common sense and emotional way leads the judge to conclude a fellow citizen is wrongfully accused" - Tony Natale, Federal Defender </blockquote>
	<blockquote>"The central theory that organizes all facts, reasons, arguments and furnishes the basic position from which one determines every action in the [[trial]]" - Mario Conte</blockquote>		<blockquote>"The central theory that organizes all facts, reasons, arguments and furnishes the basic position from which one determines every action in the [[trial]]" - Mario Conte</blockquote>
	<blockquote>"A paragraph of one to three sentences which summarizes the facts, emotions and legal basis for the citizen accused's acquittal or conviction on lesser charge while telling the defenses story of innocence or reduced culpability" - Vince Aprile</blockquote>		<blockquote>"A paragraph of one to three sentences which summarizes the facts, emotions and legal basis for the citizen accused's acquittal or conviction on lesser charge while telling the defenses story of innocence or reduced culpability" - Vince Aprile</blockquote>

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	* Frightened, Forced, and Framed		* Frightened, Forced, and Framed

	A theme functions to strengthen the ~~defenant~~'s case in several ways. First, the theme repeatedly ~~reinfoces~~ your theory of the case in the factfinder's mind. Second, the theme provides an easy catch-word or catch-phrase for the ~~factinder~~ to use when determining guilt or innocent. The theme enables the defense lawyer to re-orient the factfinder to the theory of the case quickly and easily. A theme also forces the prosecution to argue against your theory rather than simply arguing their own case. Finally, the theme brings a vivid image and emotion to the factfinder ~~everytime~~ it is used. These themes can be used in every facet of the case: motions, negotiations, opening statements, direct examinations, objections, closing ~~argumetns~~, instructions, post-verdict motions, sentencing, and dealing with the media.		A theme functions to strengthen the defendant's case in several ways. First, the theme repeatedly reinforces your theory of the case in the factfinder's mind. Second, the theme provides an easy catch-word or catch-phrase for the factfinder to use when determining guilt or innocent. The theme enables the defense lawyer to re-orient the factfinder to the theory of the case quickly and easily. A theme also forces the prosecution to argue against your theory rather than simply arguing their own case. Finally, the theme brings a vivid image and emotion to the factfinder every time it is used. These themes can be used in every facet of the case: motions, negotiations, opening statements, direct examinations, objections, closing arguments, instructions, post-verdict motions, sentencing, and dealing with the media.

	==Benefits of the Theory of the Case==		==Benefits of the Theory of the Case==
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	* Measures the prejudice of prosecutorial actions		* Measures the prejudice of prosecutorial actions
	* Creates parameters for the scope of cross-examination		* Creates parameters for the scope of cross-examination
	* Places all ~~witnesse~~ in the defense context		* Places all witnesses in the defense context
	* Reveals the appropriate attitude for cross-examining each witness		* Reveals the appropriate attitude for cross-examining each witness
	* Organizes the presentation of the defense case		* Organizes the presentation of the defense case
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	== Storytelling==		== Storytelling==
	Storytelling allows the legal aid lawyer to set the stage, introduce the characters, create an ~~atmosophere~~, and organize ideas into a carefully crafted narrative format, thereby impacting the way each judge perceives a given case. Without such a framework, judges will understand the evidence and testimony in accordance with the prosecutor's argument. Once the defense lawyer successfully executes a framework, he can use the client's experiences to influence the judge's imagination, leading most judges to understand the evidence in the context of the client's past experiences. More importantly, storytelling will cause judges to uyse both their hearts and minds in considering the defense's argument.		Storytelling allows the legal aid lawyer to set the stage, introduce the characters, create an atmosphere, and organize ideas into a carefully crafted narrative format, thereby impacting the way each judge perceives a given case. Without such a framework, judges will understand the evidence and testimony in accordance with the prosecutor's argument. Once the defense lawyer successfully executes a framework, he can use the client's experiences to influence the judge's imagination, leading most judges to understand the evidence in the context of the client's past experiences. More importantly, storytelling will cause judges to uyse both their hearts and minds in considering the defense's argument.

	The following suggestions may help the lawyer decide what language to use or avoid in stating a theory of the case on behalf of a client:		The following suggestions may help the lawyer decide what language to use or avoid in stating a theory of the case on behalf of a client:

← Older revision		Revision as of 13:46, 7 January 2011
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	The following suggestions may help the lawyer decide what language to use or avoid in stating a theory of the case on behalf of a client:		The following suggestions may help the lawyer decide what language to use or avoid in stating a theory of the case on behalf of a client:
	*The language of storytelling and the language the lawyer normally uses are very different. The lawyer should tell the story as if he is casually speaking with friends.		*The language of storytelling and the language the lawyer normally uses are very different. The lawyer should tell the story as if he is casually speaking with friends.
	*Speak accurately. What you actually saw should match what you intend to say		*Speak accurately. What you actually saw should match what you intend to say.
	*Translate legal terms or abstract concepts into clear, common, and simple language		*Translate legal terms or abstract concepts into clear, common, and simple language.
	*Use effective language		*Use effective language.
	**Avoid words or phrases with reserved meaning, for example "I think," "I believe," or "I will try to prove"		**Avoid words or phrases with reserved meaning, for example "I think," "I believe," or "I will try to prove."
	**Use active tense		**Use active tense.
	**Avoid unconscious hesitation or useless verb pauses		**Avoid unconscious hesitation or useless verb pauses.
	**Use lgnauge that has the appropriate emotional and appealing elements		**Use lgnauge that has the appropriate emotional and appealing elements.
	**Use vivid language		**Use vivid language.
	**Use concerte rather than abstract language		**Use concerte rather than abstract language.
	**Use detailed and accurate rather than general or vague language		**Use detailed and accurate rather than general or vague language.
	*There should be sentence variety, but short sentences are best.		*There should be sentence variety, but short sentences are best.
	*Do not refer to notes while speaking.		*Do not refer to notes while speaking.