Trial blinders
Posted on
August 06, 2007 by
Gideon
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Every time I’m on trial - without fail - the blinders come on. Regardless of what I thought of the case weeks before trial, during the investigation, during brainstorming sessions, during preparation for the trial itself, the second that courtroom is open, the second that first witness is sworn in, I am convinced. We have the perfect defense; the facts are in our favor; we have to win.
Of course, this euphoria subsequently subsides (usually accompanied by an unfavorable verdict), but for that brief period, for those fleeting moments (or long, drawn out days), I believe.
Does anyone else experience this or am I just an oddity?
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I am soo glad you posted this blog. Around the DA’s office im known as the “Bleeding Heart.” Because no matter what the case, when it goes to trial or plea, I am always finding some reddeeming attribute or facts that require deviation from the Recommendation or a Not Guilty verdict.
I think the fact that we “BELIEVE” is what gives us an edge. This moment of clarity that you describe is visible to the others and no matter what we say or do, if we cant sell it to ourselves our clients are doomed.
Keep the blinders going.
malum
[quote comment="3648"]I am soo glad you posted this blog. Around the DA’s office im known as the “Bleeding Heart.” Because no matter what the case, when it goes to trial or plea, I am always finding some reddeeming attribute or facts that require deviation from the Recommendation or a Not Guilty verdict.
I think the fact that we “BELIEVE” is what gives us an edge. This moment of clarity that you describe is visible to the others and no matter what we say or do, if we cant sell it to ourselves our clients are doomed.
Keep the blinders going.
malum[/quote]
Thanks for commiserating! I am realistic about my chances when I’m preparing or doing the initial investigation, but for some reason, the minute I step into the courtroom, it’s on!
I guess if you don’t feel that way, you shouldn’t be in this line of work
I totally agree with you. It’s almost as if everything comes together at that exact moment the jury sits down. It’s the perfect jury. It’s the perfect client. It’s the perfect set of circumstances. If ever a guy is going to get of something like this, it is today. Of course, you’re right that it doesn’t last that long. But hey, it beats working for a living.
It happens to me all the time. I call it “trial psychosis”, as does Scoplaw.
I am not a public defender, nor am I in the criminal justice field whatsoever; I am in the medical field. I stumbled upon your blog through several links from thatlawyerdude. I was sent to his site to gain insight on the legal system through several google groups. I want and need to do this because my husband is being represented by a public defender in FL. It has been over a year now and nothing has been done on my husband’s case. You can see that for yourself at my blog…there is a link to his case info./docket. I didn’t want to have a negative opinion about all public defenders, I am sure like most every other profession, there are some good ones, bad ones and some that need to realize that this is just simply not their calling in life. I am desperate…I have gotten nowhere in the past year with my husband’s public defender and now he is leaving his case for a promotion in another division. Please, visit my blog…give me some insight on what my husband should do, what motions can he file…something?! I know this website is not to be used for legal advice and you are probably thousands of miles away…but could you respond in some way? I would appreciate it greatly. http://jennandchrisphillips.blogspot.com
[quote comment="3751"]I am not a public defender, nor am I in the criminal justice field whatsoever; I am in the medical field. I stumbled upon your blog through several links from thatlawyerdude. I was sent to his site to gain insight on the legal system through several google groups. I want and need to do this because my husband is being represented by a public defender in FL. It has been over a year now and nothing has been done on my husband’s case.
You can see that for yourself at my blog…there is a link to his case info./docket. I didn’t want to have a negative opinion about all public defenders, I am sure like most every other profession, there are some good ones, bad ones and some that need to realize that this is just simply not their calling in life. I am desperate…I have gotten nowhere in the past year with my husband’s public defender and now he is leaving his case for a promotion in another division. Please, visit my blog…give me some insight on what my husband should do, what motions can he file…something?!
I know this website is not to be used for legal advice and you are probably thousands of miles away…but could you respond in some way?
I would appreciate it greatly. http://jennandchrisphillips.blogspot.com/quote
Jenn, I can only say that you should make it a point to have a face-to-face meeting with your husband’s new attorney, perhaps taking to him in writing a list of what it is that concerns you about the case and what it is that concerned you about his last attorney.