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. Continue reading
Posted on March 20, 2015 by Julie Brook, Esq.