Defending People

the tao of criminal-defense trial lawyering

The Importance of “Make People Afraid”

| March 25, 2008

I said yesterday that what’s important about the Chronicle writing that Kelly Siegler admonished other lawyers to “make people afraid” is that jurors know about it. Why? Because I think people are much less likely to be manipulated if they know that someone is going to be trying to manipulate them. If a prosecutor gets [...]

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More Truth About Fear

| March 24, 2008

When I pointed yesterday to the fact that Kelly Siegler’s advice to other prosecutors to “make people afraid” it was intended to be a Sunday-afternoon placeholder until I had time to deal with Kelly’s admonishment in more depth. Judge Caprice Cosper says that there are people whom we punish because we’re mad at them, and [...]

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Works on Voters, Too.

| March 23, 2008

The Chronicle reports that, “in a 2002 trial skills presentation in Austin, [Harris County DA candidate Kelly] Siegler’s worksheet on final arguments included, ‘Make jury afraid.’”

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Anger and Fear

| September 21, 2007

Jon Katz writes about Giving Unpleasant People the Benefit of the Doubt. His message is that we should seek to eliminate anger by eliminating fear. As Paladin said, “Never draw in anger. It slows the hand.” Jon tells a Zen story as an example of a life lived without fear: A man is chased in [...]

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The Power of Fear

| July 12, 2007

(I promised, on reading New York criminal defense attorney Scott Greenfield’s Independence Day post, 231 Years and Still Trying, to write about the nature of freedom, the power of fear, and the abandonment of American ideals. This is the third post in the series; it covers the second topic. I discussed the nature of freedom [...]

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The Abandonment of American Ideals

| July 6, 2007

(I promised, on reading SHG’s 231 Years and Still Trying, to write about the nature of freedom, the power of fear, and the abandonment of American Ideals. This is the first post in the series, though it covers the third topic.) When I was growing up, my dad worked for the CIA. I was curious [...]

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Spreading Safety or Fear

| June 1, 2007

Scott Greenfield, in Simple Justice, writes here about the TB-infected man who, despite being on the watch list, made it through customs and into the U.S. Scott suggests this theory of airport security: Why is it they check the bottoms of my shoes, and won’t let me go through the magnetometer, because I have a [...]

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