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December 2012
December 2012 Complete Issue - PDF Download
Friday, December 28th, 2012
Features
22 | Rethinking Jury Charge Error as Constitutional Error - By Johnathan Ball
28 | Trial Lawyer, Songwriter - By Greg Westfall
32 | Taint: A Question of Reliability, Not Credibility or Competence - By Leonard Martinez, L.T. “Butch” Bradt & Kim Hart

Columns
7 | President’s Message
Rethinking Jury Charge Error as Constitutional Error
Friday, December 28th, 2012

One of the greatest fictions known to the law is that a jury of twelve laymen can hear a judge read a set of instructions once, then understand them, digest them, and correctly apply them to the facts in the case. It has taken the judge and the lawyers years of study to understand the law as stated in those instructions.

Trial Lawyer, Songwriter
Friday, December 28th, 2012

“Every truly successful song expresses a universally understood meaning.”

—Sheila Davis, The Craft of Lyric Writing, 1985, at 2.

Taint: A Question of Reliability, Not Credibility or Competence
Friday, December 28th, 2012

Isn’t it interesting how the courts recognize taint in so many different contexts?1 We have an illegal search by the police and everything found during the illegal search becomes “fruit of the poisonous tree”—it is said to be tainted.

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