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Austin Criminal Defense Lawyer Comments On Proposed Blood Testing In DWI Cases

Austin Criminal Defense Lawyer Comments On Proposed Blood Testing In DWI Cases











Austin, Texas (PRWEB) August 7, 2009

A recent legislative proposal to require mandatory blood samples from all motorists who refuse a roadside breath test may violate the civil liberties of Texas citizens, says an Austin criminal defense lawyer.

Sam Bassett, a partner with the Austin, TX law firm of Minton, Burton, Foster and Collins (MBFC), said collection of blood samples may be warranted in limited circumstances but should not become a routine practice in the typical stop where a breath test is refused.

“We believe the circumstances under which you would draw a blood sample should be extremely rare, perhaps in situations involving death or personal injury,” Bassett said. “The idea of taking blood for a refusal after a roadside breath test would appear to be a violation of constitutionally protected rights.”

The goal of DWI legislation is typically to reduce the number of fatalities and injuries from alcohol-related accidents. In 2007, 1,292 people were killed and nearly 30,000 people were injured in Texas drunk driving wrecks, the highest rate in the nation, the Austin American-Statesman reported.

As part of the crackdown on drunken driving, the Senate approved legislation that would let police conduct a breath test or collect a blood sample without an arrest warrant under certain circumstances to verify whether a driver was intoxicated — even if the driver objects.

Austin Police Chief Art Acevedo said he wanted Austin officers to be taught how to draw blood during traffic stops.

“We disagree with blood testing being mandatory,” Bassett said.

Bassett said Texas motorists charged with a DWI should not be denied their constitutional rights.

“At MBFC, we take protecting your rights seriously,” Bassett said. “We understand how to defend drivers accused of drunk driving charges after a blood or breath test.”

About Minton, Burton, Foster and Collins

Since 1963, the Austin, TX law firm of Minton, Burton, Foster and Collins has helped thousands of Texas individuals and businesses. MBFC’s trial lawyers have years of experience in county, state and federal courtrooms, with successes in numerous high-profile civil and criminal cases, including DWI arrests. The firm can be reached at (512) 476-4873 or online for a free consultation. MBFC handles cases in Travis, Williamson, Hays, Bastrop, Caldwell, Burnet and Comal counties.

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Michigan Automobile Accident Attorney Steven Gursten was Keynote Speaker on How to Win Car Accident Cases for Michigan Trial Lawyers Association (MTLA) No Fault Seminar

Michigan Automobile Accident Attorney Steven Gursten was Keynote Speaker on How to Win Car Accident Cases for Michigan Trial Lawyers Association (MTLA) No Fault Seminar










Detroit, MI (PRWEB) July 15, 2006

Steven M. Gursten of Michigan Auto Law presented on how to win car accident cases in Michigan for No Fault Institute III seminar for the Michigan Trial Lawyers Association (MTLA), a statewide association of Michigan personal injury attorneys and trial lawyers.

The discussion focused on helping Michigan no fault attorneys better understand how to develop threshold crossing testimony from plaintiff, plaintiff’s physicians and defense doctors.    Gursten was also a featured speaker at the No Fault Institute II seminar in 2005 and the first No Fault Institute seminar in 2002, where he provided Michigan lawyers with an understanding of how critical post-Kreiner decisions impact auto negligence claims, and on how to defend motions and prove threshold claims to win at trial.

The No Fault Institute attendees included Michigan auto accident lawyers and personal injury attorneys seeking to develop skills to achieve the most successful verdicts or settlements on behalf of victims of auto accidents. The seminar series was developed to provide Michigan personal injury lawyers with an overview of best practice litigation as it relates to Michigan No Fault law. .

About Michigan Auto Law – Gursten, Koltonow, Gursten, Christensen & Raitt, P.C.

Michigan Auto Law is comprised of Michigan personal injury attorneys that practice exclusively in serious car, truck and wrongful death cases. For over 30 years and 3 generations, the firm’s auto accident attorneys have been helping people throughout Michigan, achieving more million dollar verdicts and settlements for car and truck cases than any other Michigan law firm. Michigan Auto Law has been recognized as Michigan’s largest personal injury law firm devoted to serious Michigan auto accidents. For more information about Michigan Auto Law, call 1-800-777-0028 or visit http://www.michiganautolaw.com.

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Storytelling and Other Tools for Persuading Jurors in Complex Cases


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Storytelling and Other Tools for Persuading Jurors in Complex Cases

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Home Page > Law > Storytelling and Other Tools for Persuading Jurors in Complex Cases

Storytelling and Other Tools for Persuading Jurors in Complex Cases

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Posted: Dec 20, 2009 |Comments: 0
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By

Dr. Richard Waites

Chief Trial Psychologist

 

The Advocates

 

Storytelling & Other Tools for Persuading Jurors in Complex Cases

 

“Of course, it is all about the storytelling – nothing more.”

Gerry Spence

American Bar Association, 1986

Storytelling is one of the most powerful ways of persuading jurors.  Its persuasive power is due in large measure to the fact that storytelling creates a common bond or shared experience between trial attorneys and jurors.   As human beings, we have an innate ability to tell stories and a desire to hear stories.  Researchers have long realized that the easiest way to get people to accept a new idea is to link it to an idea or concept they already know and understand. Yet, the art and skills of storytelling are rarely taught in law school. 

Today, we know that children’s learning and value systems develop largely through storytelling and the inference they associate to their real-life and vicarious experiences.

   In addition to teaching survival principles or moral lessons, the stories that are remembered and used as problem solving guides, tend to be “entertaining” at some level.  The word “entertain,” by definition, means to “hold the attention of.”  In the courtroom, if a trial attorney is to succeed at holding the jurors’ attention, stories must be “entertaining” and create a sense of anticipation and expectation in addition to relay new information that will educate the jury about one’s case.  Most importantly, the stories and the storytelling process create a unique opportunity for trial counsel to embed a suggested problem solving strategy to jurors.

   In his text, Nothing But The Truth, Professor Lubet identifies three major objectives of storytelling.  He concludes that storytelling:

Establishes a “theory of the case,” which is a plausible and reasonable explanation of the underlying events, presented in the light most favorable to the attorney’s client; Develops the “trial theme,” which is the lawyer’s way of adding moral force to the desired outcome; Provides a coherent “story frame,” which organizes all of the events, transactions, and other surrounding facts into an easily understandable narrative context.

In Courtroom Psychology and Trial Advocacy, the author addresses the selection criteria for selecting a story to tell jurors.  Some of the considerations that he notes involve:

The story and the style of telling should complement the style and character of the storyteller (the trial lawyer); The story and storytelling should enhance the jurors’ perception of the lawyer’s genuineness or belief in his or her case; The story itself must be believable and congruent; The story should be easy to follow and contain a simple point or moral that demonstrates purpose and meaning to jurors; In order to ensure retention, the story selected should have an opening that sets the stage, develops characters, describes the action, creates suspense, and creates a mental visualization for the juror; and Powerful stories typically have little dialogue and rely upon powerful words or images.

“A theme is a message that gives meaning.”  In this text, the author asserts that “themes and messages are at least as important as the key facts of the case.”  He also conceptualizes that there are three principles that lawyers must appreciate if they are to develop compelling case themes.  The first principle requires that counsel understand the main types of themes.  Themes can be categorized into two principle types: descriptive themes and evaluative themes.  Descriptive themes, which characterize particular pieces of evidence, are rarely determinative of case outcomes.  In contrast, evaluative themes, which characterize the overall principles for which the case stands, are often outcome determinative. 

The second principle of developing compelling case themes is to formulate themes that help jurors organize case information along lines that resonate with the trial attorney’s position in the dispute.  Finally, compelling themes must fit well with jurors’ preconceived attitudes and life experiences, and must “trump” the opposing party’s themes in fundamental importance. 

Research and experience have determined that there are several factors that are characteristic of the most persuasive themes for a case.  They are listed here in this chart.

THE MOST PERSUASIVE THEMES 

Transcend the facts of the case Are emotionally powerful (generally taking the moral “high ground” Address the larger significance of the case Evoke powerful images Can be expressed visually, in words and through tangible means Match juror needs to “do the right thing” Provide consistency throughout the case presentations Ensure consistency with other themes Structure a contextual framework for evidence and testimony

In order for themes to be persuasive, they must resonate with jurors’ attitudes, beliefs and value systems.  The sources for possible themes are limited solely by trial counsel’s imagination.  Some of the more readily available sources for themes are: religious teachings, fables/fairy tails, ancient mythology, accounts of historical events, classical literature, media reports, and personal experiences.  The defining criteria for identifying the right themes for the case can be reduced to one simple question: “What is the most powerful story we can tell about the case based upon the experiences and attitudes of the likely jurors?”

The storyteller can organize the story in many different ways.  While stories often have unique elements, most stories have a plot.  Contained in this plot are several components, included among these are: characters, settings, action, problem, climax and resolution.  Within the story’s characters, there’s usually a protagonist who wants something and an antagonist who tries to interfere or disrupt the protagonist’s pursuits.  Persuasive stories typically have an “inciting incident,” which is a pivotal point at which the balance between the protagonist and the antagonist is disturbed. The suspense in the story typically builds to some form of climax.  The persuasive story ends in some sort of resolution, which often offers a glimpse of insight or a “lessons learned” section. 

Persuasive stories typically gain power, as they increase in proximity to the audience and the audience’s own likely experiences. The key to persuasive storytelling is the ability to connect with the audience and create a sense of immediacy.  Accordingly, persuasive storytellers typically offer stories that are told in present tense, as if the story was happening now, rather than as a “dry” historical account.  Persuasive storytellers adopting a “present-tense” rendition of their stories typically create the immediacy and proximity that resonates with jurors’ attitudes, beliefs and value systems.

Related Tools for Trial Attorneys in the Courtroom

Several key principles underlie the development of powerful and persuasive case stories.  First, the story must appear to the jurors as organized and flow easily.  Jurors draw significant inferences from how “organized” you appear.  Most themes provide the juror with some sort of orientation, but effective case stories give the juror a sense of direction, which is achieved by having a clearly stated agenda and easily understood topic points.  Using transition statements between major topics conveys a sense of organization and preparation. 

Second, effective storylines have a way of connecting with the juror and his or her life experiences.  To some degree or another, the juror must be able to imagine themselves in the story.  Careful word choice and cautious use of analogies accentuate the perception of being prepared in the minds of the jurors. 

Third, the persuasive impact of the case story is often influenced by assorted nonverbal communications.  Eye contact is often critical in persuasive communications.

Finally, effective storytellers understand the importance of visually anchoring their stories with demonstratives and other visual stimuli.  The process of persuasion is multidimensional and involves all five senses.

One of the greatest benefits of the most recent developments in scientific research methodology is that we can use focus groups to explore and mock trial research to confirm the effect of the story and storyteller on potential jurors.  When properly conducted, these research designs yield reliable data that can enhance persuasion.  If ignored, not only does a trial attorney miss an excellent opportunity to establish a common link with jurors, but often must endure the reality that opposing counsel will take advantage of the powerful persuasive impact of storytelling.  Almost every type of case can benefit from the objective evaluation of contemplated themes, theories and proposed storytelling approaches.  Today, information based on reliable jury research methodology can yield scientifically-derived recommendations that enhance case themes, while conforming to the resource limitations of almost every case.

Final Thoughts

The great body of scientific research that has addressed the competency of jurors to decide cases that involve complicated subject matter and complex procedural or legal issues has concluded that jurors are quite capable of making well reasoned decisions in such cases.  This brings us to the important conclusion that instead of continuing to handicap jurors by denying them basic learning and investigatory tools in the courtroom, courts have correctly determined that the better approach is to identify which tools will coincide with the ends of justice and which will help jurors in their quest to reach courtroom decisions that we can all be proud of.

 

For more information, please contact the author at The Advocates.

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Richard Waites, J.D., Ph.D.
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Dr. Richard Waites is a board certified trial attorney and is the chief trial psychologist with The Advocates, a firm of experienced trial consultants and jury consultants, providing helpful trial consulting and jury consulting services. Offices in 17 major U.S. cities.

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Dr. Richard Waites is a board certified trial attorney and is the chief trial psychologist with The Advocates, a firm of experienced trial consultants and jury consultants, providing helpful trial consulting and jury consulting services. Offices in 17 major U.S. cities.

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St. Louis Criminal Lawyer is Efficient to Handle Criminal Cases


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St. Louis Criminal Lawyer is Efficient to Handle Criminal Cases

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St. Louis criminal attorney firms have always paid attention on obtaining justice for their clients. A St. Louis criminal lawyer is totally devoted to protect the fundamental rights provided by constitution to the citizens, including of those individuals who are charged with or arrested for criminal offenses. Apart from the robust practice of criminal law, the St. Louis criminal attorney offers lawful representation in several areas like family law, personal injury and estate planning.

High profile federal cases like death penalty case are accepted and handled proficiently by St. Louis criminal attorney firms. St. Louis criminal lawyer accept complicated family law cases as well including property and custody division, and planning of estate for individuals. However if you need to challenge any case, then these lawyers can be very helpful for you as well. Individuals entrapped in such situation can remain stress free as these criminal lawyers have the needed knowledge, understanding, expertise and resources that can fetch them the best possible outcome.

The goal of St. Louis Criminal attorney firm is to provide individuals with the appropriate assistance according to their requirement and at the time while they need the help most. The services provided by this St. Louis criminal lawyer focuses on the lawful practice areas which ordinary individuals need maximum times. Whether individuals desire to write their will, establish a faith or fight on behalf of them to clear out a DUI charge, these criminal attorneys can assist the best. The St. Louis criminal attorneys are well known for their deeds at all levels in federal court, from the initial trials in the course of appeals.

St. Louis criminal lawyer understands their job well and try to triumph over every case. If individuals have been charged of any crime, these St. Louis attorneys are not going accept it simply in the first deal. In case of injury claims or business dispute cases these attorneys fight proficiently. The St. Louis criminal attorney is committed to give individuals positive results. This implies that these attorneys build strong cases which are intended to go for trial and this is the reason to get the best possible outcomes. They are trial lawyers who are ready to go beyond and above to get a positive result to individuals entrapped in criminal cases.

These attorneys are well known for their powerful representation in and Out of the court. The reputation of St. Louis criminal attorney for outstanding outcomes in federal court may sometimes result that the case of individual will never need to go for trial. The opponents may be keener to get to a favorable agreement as they are conscious of the courtroom preparation of St. Louis criminal attorney. The St. Louis criminal lawyer is equally comfortable at every level whether it is appellate court, municipal court, state court or federal court. If you are in dire need of such a proficient attorney to handle your case, you are free to contact them. Individuals can easily get the entire details of these lawyers online.

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Though Jackson Wilson is a St. Louis criminal attorney but he has good information on St. Louis criminal lawyer also. For more information please visit http://www.missouri-injury-law.com/

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I was married in st. louis but now recently moved to california where do i file my divorce? my spouse resides in st. louis
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A former client of ours has filed a sexual harassment suit against us. Can we share her case file with our lawyers?

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Feb 08, 2011

Colorado’s Paternity Laws and DNA Testing

This article services as a guide to Colorado’s DNA testing law. It emphasizes the reasons paternity tests can be administered and under which circumstances such testing may be requested.

By:
Frank A Walll

Law>
Patentsl
Jan 19, 2011

Bilski et al. v. Kappos Supreme Court Decision

Admitting many software developers prefer it were not the issue, there is no argument – software is patentable – at least in the United States, when a patent application is correctly drawn up. Could be you don’t believe this, just make an assignee inquiry at uspto(dot)gov for any key software company and you will find out that they have multiple software patents in their name. This Supreme Court recently pondered whether a certain business method was competent of patent protection.

By:
Deepak K Malhotral

Law>
Patentsl
Jan 11, 2011

How to Choose a Patent Attorney

Herein are some tips on how to choose a patent attorney, and how to scrutinize their work product.

By:
Deepak K Malhotral

Law>
Patentsl
Jan 11, 2011

How to Get International Patent Protection

Patent law is nationwide, and getting hold of a U.S. Patent does not impart you with protection in additional countries. Several clients question if there is some form of international patent. My acknowledgment is, unfortunately, “no.”

By:
Deepak K Malhotral

Law>
Patentsl
Jan 11, 2011

Missouri Workers Compensation Lawyer – To Claim For Your Compensation

Missouri workers compensation law is one of the most significant segments of the laws followed and obeyed in Missouri. A Missouri workers compensation lawyer is an individual who fights for the workers who get injured in work place accidents. In addition, St. Louis DWI lawyer also exists to help commoners.

By:
Jackson Wilsonl

Law>
National, State, Locall
Dec 16, 2010

St Louis Lawyer – The Exact Route To Justification

If you are somewhere around St Louis and have faced an accident without any insurance, contact a St Louis lawyer for assistance. A Missouri accident lawyer is also a perfect solution for those who have faced mishaps within Missouri.

By:
Jackson Wilsonl

Law>
National, State, Locall
Dec 16, 2010

St. Louis Auto Accident Lawyer – A Friend. Philosopher & Guide

If you have suffered a fatal auto injury in St. Louis, then you must meet a St. Louis auto accident lawyer. Without legal help of a professional, it is not possible to get the just amount of compensation from the at-fault party as well as insurer.

By:
Jackson Wilsonl

Law>
National, State, Locall
Dec 16, 2010

Missouri Injury Lawyer – Have You Been Injured In An Accident

Victims of a car accident undergo multiple minor or major injuries. A Missouri injury lawyer is the one who favors the victimized and tries to entitle them to all their deserving claims. Thus, Missouri or St. Louis accident lawyer is very important as he claims for what the sufferers deserve.

By:
Jackson Wilsonl

Law>
National, State, Locall
Dec 16, 2010

Missouri Injury Lawyer

An injury lawyer who is experienced has the capability to explore all the possible avenues of any kind of potential recovery.

By:
Jackson Wilsonl

Law>
National, State, Locall
Dec 16, 2010

St. Louis Personal Injury Lawyer

Personal injury can be defined as damage done to the body, mind or emotions. There are personal injury lawyers who often represent on behalf of their clients and work to make sure that the injured party is fairly compensated.

By:
Jackson Wilsonl

Law>
National, State, Locall
Dec 16, 2010

St. Louis Wrongful Death Lawyer – The Ultimate Stop to Ensure Justice

If you have lost your relative or friend in a wrongful death accident, you must seek for immediate consultation with an eminent St. Louis wrongful death lawyer. The lost one is not going to reunite with you, but with help of a legal counselor you can definitely ensure justice for your bereaved soul.

By:
Jackson Wilsonl

Law>
National, State, Locall
Dec 10, 2010

Role Played By Missouri Wrongful Death Lawyer & Workers Compensation Attorney

Missouri is a place that witnesses the occurrence of unfortunate incidents very often. To help the residents over there live in peace, Missouri wrongful death lawyer as well as Missouri workers compensation lawyer is available. Based on the type of case to be handled, however, people select their attorneys.

By:
Jackson Wilsonl

Law>
National, State, Locall
Dec 10, 2010

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Though Jackson Wilson is a St. Louis criminal attorney but he has good information on St. Louis criminal lawyer also. For more information please visit http://www.missouri-injury-law.com/

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Be the first to comment - What do you think?  Posted by - March 6, 2011 at 5:14 pm

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Legal malpractice traps for the general practitioner in workers’ compensation cases

Legal malpractice traps for the general practitioner in workers’ compensation cases

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Be the first to comment - What do you think?  Posted by - March 1, 2011 at 6:11 pm

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2002 Supplement for Criminal Process: Cases, Comment, Questions

2002 Supplement for Criminal Process: Cases, Comment, Questions

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Be the first to comment - What do you think?  Posted by - February 27, 2011 at 1:11 pm

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Raleigh Criminal Lawyer – Domestic Violence Cases and Criminal Defense in Wake County

A short video explaining some of the specific issues related to Domestic Violence cases in North Carolina. Call (919) 352-9411 for more information about these cases or to consult with an attorney.

Be the first to comment - What do you think?  Posted by - February 16, 2011 at 11:18 am

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