Chess & Criminal Trials

By Bob Bodede

The purpose of this book is to enlighten you on the similarities between the game of chess and criminal trials. Chess and Criminal trials are divided into three elements, the opening, middle and end game. Chess masters know that they must start strong and end strong. As it is with chess, so it is with criminal trials. A strong opening and closing speech constitutes a good basis, but the advocate must also arrange his middle material of examination in chief and cross examination so as to bring maximum persuasion to bear on the fact finder.

• Language: English
• Publisher: Xlibris UK
• Release date: May 23, 2013
• ISBN: 9781483608525

Bob Bodede

Bob Bodede was born 5 March 1969 in London, England. His first name was derived from the initials of his full name Bamidele Oladele Bodede. He joined HM Revenue & Customs (then known as HM Customs & Excise) in 1993, he was promoted to the role of a Customs Officer with the Anti-Smuggling team in 1996. On completing the Law degree and Legal Practice Course he joined the Solicitors’ Office in 2001 on promotion. In 2012 he qualified as a lawyer. Bob is a great lover of chess and has participated in various tournaments. He is married with one child.

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Copyright © 2013 by Bob Bodede.

All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the copyright owner.

Rev. date: 05/20/2013

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Contents

Preface

Chapter 1—Introduction—The Powers and functions

Chapter 2—Opening

Chapter 3—Tactical Points

Chapter 4—Battle of Wits

Chapter 5—Closing

Chapter 6—Time is of the essence

Preface

How does one associate the game of chess with criminal trials? Perhaps when we consider the similarities of what is purely a board game to that which could lead to a criminal conviction it will make some sense. The similarities are that for both, you are either playing White or Black or should we say Prosecution or Defence. It could end in a draw or should we say hung jury. The outcome is decided on a standard board or should we say standard courtroom and finally if you are outwitted by your opponent that could deny you the victory you desire. We shall now look into both subjects in detail.

Chess

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Chess is a game played between two opponents on opposite sides of a board containing 64 squares of alternating colours. Each player has 16 pieces: 1 king, 1 queen, 2 rooks, 2 bishops, 2 knights, and 8 pawns. The goal of the game is to checkmate the other king. Checkmate happens when the king is in a position to be captured (in check) and cannot escape from capture.

At the beginning of the game the chessboard is laid out so that each player has the white (or light) colour square in the bottom right-hand side. The chess pieces are then arranged the same way each time. The second row (or rank) is filled with pawns. The rooks go in the corners, then the knights next to them, followed by the bishops, and finally the queen, who always goes on her own matching colour (white queen on white, black queen on black), and the king on the remaining square.

Criminal Courts

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Magistrates’ courts which hear most criminal cases range from driving offences to theft and assault. A magistrate is either a justice of the peace or a District Judge. Lay Magistrates are unpaid, trained members of the community who usually sit in a panel or ‘bench’ of three. Crown Courts deal with more serious criminal offences such as fraud, murder, rape or robbery. The trial before judge and jury in the Crown Court is regarded as the pinnacle of the English system of criminal justice and the characteristics of the English trial system are frequently seen as the very definition of due process. The English trial is adversarial. That is to say it takes the form of a sort of battle between two parties: the prosecution, which attempts to prove its case beyond reasonable doubt, and the defence which seeks to undermine the prosecution’s case and to create reasonable doubt. It should be noted that the task of the defence is not to prove the innocence of the defendant but to prevent the prosecution from proving guilt. The English criminal justice process is the day in court. No evidence, from prosecution or defence is legitimate that cannot be confronted in open court and cross-examined by the other side. Courtrooms traditionally have been open to the public, and anyone who wanted to watch a trial could, as long as there was a seat available. On the day of the trial the indictment, a document containing the charges is read out to the defendant. All the information and evidence that counts is that which is orally presented in court. Any written information such as witness statements to police has to be repeated in court and the witness can be challenged and cross examined. This right to confront the witness/defendant in open court is regarded as the core of the English trial system (and of course that of other jurisdictions based on it).

The First move

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In the game of chess the player with the white pieces always moves first. Therefore, players generally decide who will get to be white by chance or luck such as flipping a coin or having one player guess the colour of the hidden pawn in the other player’s hand. White then makes a move, followed by black, then white again, then black and so on until the end of the game. At the start of the game the first move will either be the pawn or knight, the pawn is moved first most of the time.

The player (White) who makes the first move is said to have an advantage as the player can dictate the pattern the game will start. Statistics complied since 1851 support this view; White consistently wins slightly more often than Black, usually scoring between 52 and 56 percent. White’s winning percentage is about the same for tournament games between humans and games between computers. However, White’s advantage is less significant in rapid games or novice games. Modern writers also argue that Black has certain countervailing advantages. The consensus that White should try to win can be a psychological burden for the White player, who sometimes loses by trying too hard to win. Moreover, according to game theory, playing second may be advantageous because White has to reveal his hand first. Some openings are thus considered good for Black but less so for White, because White’s extra tempo allows Black to adjust in advance to the opponent’s plans. Some symmetrical openings (i.e. those where both players make the same moves) can also lead to situations where moving first is a disadvantage, either for psychological or objective reasons.

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In a criminal trial the prosecution goes first starting with the counsel giving the opening speech. This is the first opportunity for the jury to digest what the trial is really about. After the opening speech the evidence is then called. Then the prosecutor calls his/her witnesses, the defence then cross-examines the witnesses and the prosecutor will have the opportunity to re-examine any witness on matters raised in cross-examination. The defence then calls witnesses, the prosecutor then cross-examines the defence witnesses and the defence will have the opportunity to re-examine any witness on matters raised in the cross-examination. The prosecutor then gives the closing speech and then the defence likewise.

Focus

Concentration is, perhaps the most important word whether in playing the game of chess, or in preparing for cross-examination in a criminal trial. The reward of that concentration is awareness. You should be aware of the possibilities and impossibilities that can occur during the process. The awareness of the opponent’s pieces in the game of chess or evidence in a criminal trial can highlight any flaws which could result in an effective conclusion. In the game of chess the best exercise is in its effort, failures after effort, and its occasional successes, which is absolutely essential.

The desire to win is a great motivator regardless of whether you are trying to win a game of chess or court case but if there is one activity which can be enjoyed without regard to result, surely that activity is Chess. Among Chess players one finds a scientific objectivity, an ability not to judge superficially, or by results, and above all a love for