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Demonstrative Evidence: When You Want to Show and Tell

82770181An 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

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