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By David Burrows © 2014 David Burrows, Attorney at Law.

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Presentation on theme: "By David Burrows © 2014 David Burrows, Attorney at Law."— Presentation transcript:

1 by David Burrows © 2014 David Burrows, Attorney at Law

2 CREDIBILITY Credibility

3 Have “CHARGE” in Hand © 2014 David Burrows, Attorney at Law CREDIBILITY

4 © 2014 David Burrows, Attorney at Law ADAPT Adapt Credibility

5 LET THE CASE COME TO YOU ADAPT

6 YOU CAN’T DIRECT THE WIND … BUT YOU CAN ADJUST YOUR SAILS. ADAPT

7 LET THE GAME COME TO YOU. ADAPT

8 © 2014 David Burrows, Attorney at Law RESPOND Adapt Credibility Respond

9 TO STATEMENTS BY THE JUDGE. TO ANSWERS GIVEN BY JURORS. TO JURORS “SLIGHTED” BY THE PROSECUTOR. RESPOND

10 SEIZE OPPORTUNITIES TO BOND RESPOND

11 1.You are exactly right... 2.Precisely … 3.You are completely correct … 4.You must have a legal background … 5.Did everyone hear what Mr. B said? 6.That is a great observation … 7.I couldn’t have said it better myself … 8.That is a key point very few people understand … 9.You are right on target … 10.That is exactly what the Law states …

12 SPRINGBOARD QUESTIONS

13 DWITRIALPREP.com © 2014 David Burrows, Attorney at Law Opportunity Expectations Fusion

14 I AM A FAIR PERSON.

15 BUT IN A CASE INVOLVING ALCOHOL, I AM NOT “IMPARTIAL”.

16 Texas Code of Criminal Procedure Article SEC 10 From hearsay, or otherwise, is there established in the mind of the Juror such a conclusion as to the Guilt or Innocence of the Defendant as would influence the Juror in finding a verdict?

17 Texas Code of Criminal Procedure Article SEC 10 In the Juror’s opinion, will the conclusion so established influence the Juror’s verdict?

18 ARE YOU A NON-DRINKER?

19 DO YOU HAVE A LAW ENFORCEMENT BACKGROUND?

20 DO YOU HAVE A FAMILY MEMBER OR CLOSE FRIEND WHO IS A POLICE OFFICER OR A PROSECUTOR?

21 WHAT IS YOUR PRIOR EXPERIENCE AS A JUROR?

22 THE LAW STATES THAT YOUR DECISION IS TO BE BASED ON THE LAW AND_________.

23 SHOULD SYMPATHY PLAY ANY PART IN YOUR DECISION?

24 THE LAW STATES THAT ALL PERSONS ARE PRESUMED TO BE INNOCENT. HOW DO YOU FEEL ABOUT THAT LAW?

25 HE WOULDN’T BE HERE IF HE WASN’T GUILTY.

26 IS THERE A “GRAND JURY” THAT HEARS A MISDEMEANOR CASE BEFORE IT IS FILED?

27 HAS THE JUDGE REVIEWED THE FACTS OF THIS CASE?

28 THE VERDICT IN THIS CASE WILL BE GUILTY OR _____________?

29 IF YOU VOTE “NOT GUILTY”, DOES THAT MEAN THAT YOU DO NOT SUPPORT THE POLICE DEPARTMENT?

30 WHAT DOES A VERDICT OF “NOT GUILTY” MEAN?

31 I WOULD PREFER TO HAVE A TEST SCORE BUT IF INTOXICATION IS PROVEN TO ME BEYOND A REASONABLE DOUBT, I CAN FOLLOW THE LAW.

32 WHY WOULD A PERSON NOT GIVE A DIRECT ANSWER TO A QUESTION?

33 HOW MANY OF YOU HAVE HAD A JOB EVALUATION IN THE PAST FEW YEARS?

34 HOW MANY OF YOU HAVE RECEIVED A TRAFFIC TICKET THAT YOU DO NOT THINK YOU SHOULD HAVE RECEIVED?

35 CAN YOU DISAGREE WITH A PERSON’S OPINION WITHOUT CALLING HIM OR HER A LIAR?

36 WHAT IS THE LEVEL OF PROOF FOR AN OFFICER TO WRITE THE TICKET?

37

38 WHAT IS PROBABLE CAUSE?

39 NORMAL WHAT IS ANOTHER WORD FOR “NORMAL”?

40 NORMAL TEXAS CASE LAW STATES THAT NORMAL IS THE AVERAGE NON INTOXICATED PERSON.

41 NORMAL WHAT IS AN “AVERAGE” GRADE IN HIGH SCHOOL?

42 WHAT IS THE DIFFERENCE BETWEEN DWI AND DUI?

43 5 th Amendment “IF THE DEFENDANT DOES NOT TESTIFY, YOU WILL NOT CONSIDER THE DECISION OF THE DEFENDANT TO NOT TESTIFY AS A CIRCUMSTANCE AGAINST HIM AND YOU WILL NOT IN YOUR DELIBERATIONS ALLUDE TO, COMMENT ON, OR IN ANY MANNER REFER TO THE FACT THAT THE DEFENDANT HAS NOT TESTIFIED.”

44 AT WHAT POINT IS A PERSON IN THE UNITED STATES REQUIRED TO PROVE THEIR INNOCENCE?

45 OTHER THAN APPEAR IN COURT, WHAT IS AN ACCUSED PERSON IN THE UNITED STATES REQUIRED TO DO IN THIS COURTROOM?

46 “THE LAW DOES NOT REQUIRE THE DEFENDANT TO PROVE HIS INNOCENCE OR PRODUCE ANY EVIDENCE AT ALL.”

47 IF A PERSON REFUSES A BREATH TEST, ARE THEY INFORMED BY THE POLICE THAT THEY HAVE A RIGHT TO HAVE A HEARING BEFORE THEIR LICENSE CAN BE SUSPENDED?

48 THERE IS ANOTHER COURTROOM WHERE THE BURDEN OF PROOF IS “CLEAR AND CONVINCING”.

49 WHICH REQUIRES A HIGHER LEVEL OF PROOF: “CLEAR AND CONVINCING” OR “BEYOND A REASONABLE DOUBT”?

50 Burden of Proof

51 TO YOU, WHAT IS THE MOST IMPORTANT WORD IN THE LAW …. “BEYOND A REASONABLE DOUBT”

52 WHAT DOES “BEYOND A REASONABLE DOUBT” MEAN TO YOU?

53 CAN YOU CHANGE THE LAW?

54 AT WHAT POINT IN THE TRIAL CAN A DOUBT BASED ON REASON BE RAISED?

55 REASONABLE DOUBT CAN BE RAISED 3 WAYS

56 The Evidence Lack of Evidence Conflict in Evidence

57 IF INSTRUCTED BY THE JUDGE, CAN YOU FOLLOW THE LAW REGARDING “BEYOND A REASONABLE DOUBT”?

58 WHO HAS KNOWLEDGE OF BREATH TESTING OR BLOOD TESTING?

59 IS THERE A PRESUMPTION THAT THE TEST SCORE IS ACCURATE?

60 DOES THE “BEYOND A REASONALBLE DOUBT” BURDEN OF PROOF APPLY TO THE ACCUARACY OF THE TEST SCORE?

61 IF INSTRUCTED BY THE JUDGE … WILL YOU REQUIRE THE PROSECUTION TO PROVE TO YOU THAT THE TEST SCORE WAS ACCURATE “BEYOND A REASONABLE DOUBT”?

62 AT WHAT TIME MUST THE TEST SCORE BE.O8 OR HIGHER?

63 DOES ADMISSIBLE MEAN ACCURATE?

64


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