This web site is dedicated to exposing stupid tricks that
lawyers use all the time to divert justice from pursuing the truth.
The justice system was intended to provide a method to resolve
disputes in a non-violent manner. That is to say, to obtain justice.
Lawyers use stupid tricks to turn the pursuit of justice in to the
pursuit of winning at all costs. This site is not for
the distribution of legal advice. It is for the amusement of all
involved.
Yes or No Answer:
A common trick is to force the witness to answer a broad question
with Yes or No For example, "Given that is was at night,
can you positively identify my client as the burglar". As with most
things in life, answers are rarely Yes or No., The witness is
tempted to answer "There was a street light only a few feet away....
" At which point the lawyer will say, "Please answer Yes or No".
Answer: "If I am restricted to a Yes or No, that answer is yes"
Not receiving the answer the lawyer expected or wanted, the lawyer
will allow you to give a more descriptive answer.
Rapid fire questions:
In an attempt to confuse a witness, lawyers will ask a series of
questions with out allowing the witness to answer any of them. Many
times asking the same question in different ways to solicit a Yes
when the question is asked one way and a No when it is reposed. When
an attempt is made to answer a question, it is always unclear to
which question the answer belongs. The lawyer will try to associate
the answer to a different question then the witness intended. Once
the witness tries to correct the confusion, the lawyer gets to
portray the witness as confused and unsure. Saying thing like, "Well
is it Yes or No??"
Answer: Simply stop saying anything. Once the
lawyer stops asking questions, respond with "Yes, Yes, No, No No,
Yes....." The lawyer will appear confused and you say since you were
not allowed time to answer 20 questions that were asked, you are now
answering them in the order they were asked. The lawyer is forced to
try to associate the answers with the questions. The lawyer will
then be the one who appears confused.
The Jury will please
disregard:
Lawyers will ask questions that are not admissible to give
information to the jury that is not allowed. The lawyer did not just
make a simple mistake. It is usually done deliberately. Hopefully,
the other lawyer will object and the judge will instruct the jury to
disregard the question. An example might be: "I see you were
arrested for DUI when you were 16". Since juvenile records are not
normally admissible, the information would not be allowed. Either
the other lawyer or the judge will object and the lawyer gets to say
"I withdraw the question" and the judge instructs the jury to
disregard the question. To quote a legal phase, "It is not possible
to un-ring a bell". One can not be simply instructed to ignore
something they heard.
Answer: It works both ways. When asked a
question, you could say something that would be
hearsay or
normally inadmissible.
Are you 100% sure:
This is similar the Yes or No Answer trick. When asking for a
judgment call, lawyers like to say, "Are you 100% sure". If you say
'Yes', you are perceived as being rigid or over confident. Say 'No'
and they take that to be reasonable doubt. This is really a fancy
variation on the famous "Have you stopped beating your wife?"
question.
Answer: Respond with: "I am not 100% sure the sun will
rise tomorrow morning but based on the fact that it has happened
every day for the last million years, there is a very good chance
that it will happen." Asking if someone is 100% sure has no
informational value.
Dirty the Victim:
It is not uncommon for the defense lawyer to try to raise
his/her client's stature and portray the defendant at a similar
level as the victim. However, there is a new and disturbing trend to
lower the stature of the victim by bringing in to question items
that have absolutely no relevance. For example, say
someone murders a child. In order to make the defendant
appear as some thing other then a child murderer; the
defense attorney will bring up life style choices the
parents have made as if it was their fault the child was
murdered.
Answer: Reply to such questions with "So you are saying
your client murdered my child because I am gay?". By repeating the
phrase "your client murdered my child" in every answer, demonstrates
how stupid this type of question is.
Plan B:
I am not sure if the name is just a Hollywood creation from the
TV show, "The Practice" or if it is really a legal term. Basically,
since the burden of proof falls on the prosecution, all the defense
attorney has to do is to create reasonable doubt. One method is to
try to establish as many possible suspects hoping something will
stick. The "Plan B" defense is to call a witness, might even be a
witness for the defense, thinking he/she is going to testify in
support of the defendant. The lawyer will lead the witness down a
path and then accuse the witness of the crime. The witness is caught
off guard and reacts in anger or disbelief.
Witness for the
Prosecution:
In general, a wife that testifies in support of her husband is
usually not a credible witness. However, if she testifies against
her husband, she is believed. If the defense can later show that she
lied, like she wanted him found guilty, then the jury will believe
him innocent.
Were you speeding:
Normally, a lawyer can not ask you if you were drunk. It calls
for a conclusion. They can ask you the number of drinks and if you
NORMALLY drank that much but they can not ask you directly if you
were drunk. For some strange reason, they can ask you if you were
speeding. If you were traveling down a road and a car pulled out in
front of you, it would be their fault. However, if you were
traveling 20 miles over the speed limit, that would shift some of
the blame to you. Assuming you were going 3 or 4 miles over the
speed limit, as determined by skid marks, the other lawyer might ask
you if your were speeding. A "Yes" answer could leave the jury with
visions of 20 miles over the speed limit. The correct answer is "No"
especially if you are restricted to Yes or No answers. The lawyer
would counter with "The police report indicates you were traveling
38 in a 35". This immediately helps you because now the actual speed
has been introduced but the correct reply is "If you are asking me
if 38 is a bigger number than 35, the answer is Yes, if you are
asking me if I was speeding, the answer is still No. Most policemen
do not write tickets unless you are going 10 miles over the speed
limit hense the expression "allowing 9, writing 10". If the police
do not consider 3 miles over the speed limit speeding, I don't
either.".
Justice?
In the pilot episode of SHARK on CBS (Fall 2006) the lead
character states "That winning is the only thing that matters". When
asked "What about justice?", the response is "Your job is to win,
Justice is God's problem". And I thought the purpose of the legal
system was the pursuit of justice. This is exactly why the public
opinion of the legal system is so low.