de middlemus

You've reached the blog of a recenlty graduated law student I'll try to write something amusing if not just a little bit interesting about my life. Enjoy!

Sunday, July 17, 2005

The Trial

Sorry it took me so long to post again. I went up to visit my family in Virginia for a couple of days last week and then work was pretty hectic when I got back. We went to court for a real trial last Thursday! I, of course, didn't do anything in court (I had worked on the case but you can't participate in court unless you're a lawyer.) I did watch, and I could follow along and anticipate some of the objections. What I learned is that no matter how hard you work and how good of an advocate you want to be for your client, it's all irrelevant. The truth, the accusations, everything is dependent on what you admit in court and if your evidence is objectionable or your witnesses aren't cooperative or helpful then you will probably lose. It doesn't matter who is right and who is wrong, it ultimately comes down to perception and who was able to prove who's version to the judge or jury. The false accusations might end up sounding more reasonable and that will be decided as fact. It's all pretty crazy. I also believe that the accused should not take the stand to protect themselves from themselves. I think people who are accused of something, even in a civil case, feel like they have to explain themselves. Giving more information than what is asked for, in my opinion, is not a good thing. This opens the door for more questions and possible truths. If you keep talking long enough you may even prove the case against you without meaning to.

In sum, perception is everything in the law. If you can provide enough evidence to support your case then it becomes the truth, whether it really is or not. Hopefully, though, you won't have enough evidence to prove your case if it isn't the truth.

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