Categorized | NSP Radio Archive

NSP – Feb 4, 2017 – Post-broadcast Role-play Session

Posted on February 4th, 2017 by Calvin

This is a recording from a role-playing session that took place after the January 28th Saturday broadcast. Robbie from OR needed to prepare for court by getting into the ring and spar with some Socratic questioning and litigation best-practices, so Marc, Joe from HI, Gary from MO, and Ginger from TX strike-up a role-playing session to help ready him for his upcoming trial. [UPDATE: listen to the Wednesday show and a post-trial discussion to hear how his T.S.A. adventure in legal-land concluded.]

  • Overcoming their outcome-based proceedings and anticipating the judge’s and prosecutor’s responses.
  • Knowing when to yield before things get too bad to avoid being jailed for contempt.
  • Pointing-out the double-standard the judge will allow the prosecutor to argue outside the facts and evidence, but will not allow you to.
  • Exposing the selective enforcement of the court rules, like when the judge allows the prosecutor’s incompetent witnesses to testify to something that they have no personal firsthand knowledge of, by attempting to do the same thing the judge is allowing the prosecutor to get away with.
  • The endless number of examples of double-standards that fly in the courtroom.

  • If evidence to establish jurisdiction is so obvious, why is it so hard for them to produce such easy, obvious evidence?
  • How to structure your opening and closing statements.
  • Pro-tip: any time it is demonstrated that the prosecution has insufficient evidence and cannot meat their burden-of-proof, that is always your cue to moove the court to dismiss. 😉 😀
  • Knowing how to appeal to the jury and being aware of their biases.
  • Overcoming strongly held appeals to tradition.
  • Always coming back to “all we want is the prosecution to be held to their burden-of-proof.”
  • The snowballing influence of compounded success stories.
  • What to make of the surprise D.A. visit.
  • Live-streaming as a defensive precaution.
  • Anticipating and mitigating surprises from lawyers.
  • Setting-up, tracking, and documenting appealable errors.
  • “Relevance” has the low standard of “a tendency to prove.”
  • JT’s idea of questioning the juror’s citizenship in the voir dire qualifying process to expose their bias, thus preventing the possibility of an objectively fair trial.
  • “There’s nothing you can’t object to if it is a matter of fairness.”
  • The jury will likely be instructed to make their decisions strictly based on the evidence, and that they may not substitute their own personal opinion in place of the prosecutions production of the evidence.
  • KISS: Make your point in the fewest amount of words.
  • Benefiting from reading through trial transcripts to learn what to expect yourself.
  • When the judge so badly wants a conviction; they will predictably clear the courtroom when you begin exposing the prosecution’s lack of evidence to substantiate their case to the jury.
  • Effectively challenging the witness’s competency and credibility to testify.
  • Executing your litigation strategy for maximum impact using Socratic questioning.
  • Why we don’t wait until cross-examination to first challenge the witness’s competency and credibility.
  • Litigating in a fashion that connects with the jury.
  • Understanding the form, function, and boundaries of leading questions.
  • How to counter the dismissively vague “objection; relevance” to your inquiries.
  • You only have to disprove one element of the prosecution’s charges to obtain the requirement for a ‘not guilty’ verdict.
              

8 Comments For This Post

  1. Incubus Says:

    “cannot meat” , “cue to moove”. Meat, *moo*ve. Lay off the vegan thumper crap and hire an editor. You’re obsessed with this carnivore business.

  2. Calvin Says:

    Okay, okay. Perhaps all cheap appeals to humor should be remooved from this site as per request. No one is coming here for the laughs anyway.

  3. NonEntity Says:

    “No one is coming here for the laughs anyway.” Wait. WHAT???

  4. eye2i Says:

    WE’ve all herd that this place is just one big joke (or was it a yolk?)… so mooving right along…

    :friedegg:

    meanwhile, back on the animal farm: “carnivores, herbivores, and vegans, oh my!” = http://marcstevens.net/board/thread-8829.html

  5. Don Will Says:

    GREAT SHOW! Vary helpful!

  6. Boxer Says:

    Marc:

    Really appreciate the increase in frequency of material. So when is the next book coming out?

  7. Justin Granholm Says:

    What are the possibility of getting a role play with any combination of Marc, Joe or Gary before the 14th of this month? I am so glad I am not in this guys shoes. Has quite the gusto going up against the monster. Tnx

  8. Marc Stevens Says:

    Just post in the main NSP chat.

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