Both the opening statement and the closing argument should be used to persuade. An essential part of the persuasion process is establishing your credibility with the jury by nurturing its perception of your sincerity, trustworthiness, and knowledge of facts. Here are four ways to increase your credibility.
A proponent of evidence can counter anticipated objections with a motion in limine before trial starts, but usually counsel counters objections to evidence after the opponent objects at trial. Here are eight ways to do it.
An episode of This American Life described the failed effort to get a Tic-tac-toe-playing chicken into evidence in the death penalty case of a mentally ill man with a very low IQ. Defense counsel was trying to rebut a psychiatrist’s testimony that the defendant was aware he was going to be executed based on his beating her in a game of Tic-tac-toe. We’ll never know who would have won the game; the court refused to admit the chicken because it “would degrade the dignity of the court.” Although the chicken didn’t work out, demonstrative evidence can be a very powerful courtroom tool.