TLC_024: DURESS/NECESSITY

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TLC_024: DURESS/NECESSITY

FromTrial Lawyer Confidential

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Length:

20 minutes

Released:

Nov 30, 2013

Format:

Podcast episode

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In This Episode: I pull back the curtain on the concepts of Duress and Necessity. In Duress, the law recognizes that there are times are free will may be so compromised by threat of bodily harm or death that we … Continue reading →

Released:

Nov 30, 2013

Format:

Podcast episode

Titles in the series (35)

Pulling Back the Curtain...

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TLC_009: PRESUMPTION OF INNOCENCE:   In This Episode: I pull back the curtain on the Presumption of Innocence. A defendant in a criminal case is presumed innocent unless and until the prosecution proves his guilt in a court of law beyond a reasonable doubt. … Continue reading &# by Trial Lawyer Confidential
20 min listen
TLC_002_DEFENDING THE GUILTY: In This Episode: I answer the most common question I hear whenever anyone finds out I am a criminal defense attorney: “How can you defend someone if you think he is guilty?” Or “How can you defend someone who is … Continue reading by Trial Lawyer Confidential
20 min listen
TLC_004: BAD LAWS: In This Episode: I expose Bad Laws: Laws that were passed to placate us and make us believe we are “tough on crime”, but in reality do more harm than good and often are not worth the money it costs … Continue reading → by Trial Lawyer Confidential
20 min listen
TLC 001 – JURY SELECTION AND JURY DUTY: In This Episode: Hear how lawyers decide which jurors they want to keep on their jury and which they want to excuse. Jury selection is a lot like speed dating. You have a very limited amount of time with strangers … Continue reading → by Trial Lawyer Confidential
20 min listen
TLC_003: THE HEARSAY RULE: In This Episode: I answer a listener’s question about the HEARSAY rule. What is Hearsay? Why is it so dangerous? And if it is so darn bad, why are there so many exceptions to the rule? TRIAL LAWYER MENTOR Quick … Continue reading → by Trial Lawyer Confidential
20 min listen
TLC_010: BEYOND A REASONABLE DOUBT: In This Episode: I pull back the curtain on the legal standard of proof: Beyond a Reasonable Doubt. It is the highest burden of proof in the American justice system and reserved only for trials where life or liberty are … Continue reading → by Trial Lawyer Confidential
20 min listen
TLC_007: DUI DRIVING UNDER THE INFLUENCE: In This Episode: I pull back the curtain on the laws relating to DUI: Driving Under the Influence, or DWI: Driving While Intoxicated (commonly called drink driving). Learn about what police officers look for when they are on patrol for … Continue re by Trial Lawyer Confidential
20 min listen
TLC_005: FROM ARREST TO TRIAL: In This Episode: I reveal what happens to a person from the day they are arrested for a crime to the day their actual jury trial starts. If you cannot afford to post bail, you may spend up to 3 … Continue reading → by Trial Lawyer Confidential
20 min listen
TLC_006: DRUGS AND THE WAR ON DRUGS: In This Episode: I pull back the curtain on DRUGS and DRUG LAWS. I’ll explain how the most common street drugs are sold and discuss why the war on drugs is not working. The evil in these laws is not … Continue reading → by Trial Lawyer Confidential
20 min listen
TLC_018: FALSE CONFESSIONS: In This Episode: I pull back the curtain on False Confessions. What would possibly compel an innocent person to take responsibility for a crime he did not commit? We will explore the psychological studies that have delved into this phenomena … Cont by Trial Lawyer Confidential
20 min listen
TLC_008: MIRANDA WARNINGS: In This Episode: I pull back the curtain on Miranda warnings: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. … Continue reading → by Trial Lawyer Confidential
20 min listen
TLC_011: THE DEATH PENALTY: In This Episode: I pull back the curtain on the Death Penalty. I discuss what makes a person eligible for the death penalty versus life with the possibility of parole. I also explain my multi-layered opposition to the Death Penalty … Continue readi by Trial Lawyer Confidential
20 min listen
TLC_012: JURY NULLIFICATION: In This Episode: I pull back the curtain on Jury Nullification. Jury nullification occurs when a jury acquits a defendant even though they believe the case was proved beyond a reasonable doubt. This can happen when they believe the law … Continue r by Trial Lawyer Confidential
20 min listen
TLC_013: PLEA BARGAINS: In This Episode: I pull back the curtain on Plea Bargains. Justice Kennedy of the United States Supreme Court wrote, “Criminal justice today is for the most part a system of pleas, not a system of trials.” Justice Scalia wrote, … Contin by Trial Lawyer Confidential
20 min listen
TLC_015: CIRCUMSTANTIAL EVIDENCE: In This Episode: I pull back the curtain on Circumstantial Evidence. Learn the major misconceptions about circumstantial evidence and how defendants and the general public often underestimate the power of this type of evidence in a trial. We will explo by Trial Lawyer Confidential
20 min listen
TLC_014: DEFENDANTS TESTIFYING: In This Episode: I pull back the curtain on defendants testifying on their own behalf. We explore the myths surrounding why a defendant would choose to testify or choose not to testify. There are a variety of factors that lawyers … Continue reading by Trial Lawyer Confidential
20 min listen
TLC_016: CAMERAS IN THE COURTROOM: In This Episode: I pull back the curtain on cameras in the courtroom. What effect do cameras have on the participants and the viewing audience in a criminal trial? While the right to a speedy and public trial is guaranteed … Continue reading &#85 by Trial Lawyer Confidential
20 min listen
TLC_027: MURDER: In This Episode: I pull back the curtain on the laws relating to the LAW OF MURDER. First degree murder is the unlawful killing of a human being with malice aforethought carried out in a willful, premeditated and deliberate manner. 2nd … Continue re by Trial Lawyer Confidential
20 min listen
TLC_017: DISMISSED ON A TECHNICALITY: In This Episode: I pull back the curtain on the legal rulings that result in cases being dismissed on a technicality. When a case is dismissed on a technicality in the criminal justice system, it usually means that a court has … Continue reading &#8 by Trial Lawyer Confidential
20 min listen
TLC_O21: ENTRAPMENT: In This Episode: I pull back the curtain on Entrapment. How far can a government agent go to induce an ordinary citizen to commit a crime. Some states focus on the predisposition of the defendant, while other focus solely on the … Continue reading by Trial Lawyer Confidential
20 min listen
TLC_020: EYEWITNESS IDENTIFICATION: In This Episode: I pull back the curtain on Eyewitness Identification. Often the most powerful evidence presented in a criminal trial, mistaken identification is the overwhelming cause of the majority of wrongful convictions in this country. Jurors put a by Trial Lawyer Confidential
20 min listen
TLC_022: WHO’S WHO IN COURT: In This Episode: I pull back the curtain on Who’s Who in a criminal courtroom. What are the various roles and responsibilities of all the players. Most of us know the basic functions but you might be surprised to learn lesser … Continue readin by Trial Lawyer Confidential
20 min listen
TLC_024: DURESS/NECESSITY: In This Episode: I pull back the curtain on the concepts of Duress and Necessity. In Duress, the law recognizes that there are times are free will may be so compromised by threat of bodily harm or death that we … Continue reading → by Trial Lawyer Confidential
20 min listen
TLC_019: SELF DEFENSE: In This Episode: I pull back the curtain on Self Defense. The concept of self defense comes from common law and has always been a part of the American justice system. Over the years, issues have arisen over whether a person … Continue reading &#8594 by Trial Lawyer Confidential
20 min listen
TLC_026: OBJECTIONS and SIDEBARS: In This Episode: I pull back the curtain on the laws relating to OBJECTIONS and SIDEBAR CONFERENCES. The law allows both sides in a criminal or civil case to object to certain questions or answers that are being asked or elicited … Continue reading by Trial Lawyer Confidential
20 min listen
TLC_025: DOMESTIC VIOLENCE LAWS: In This Episode: I pull back the curtain on the laws relating to Domestic Violence. We explore how and why it is treated differently than other types of assault. We also discuss why these cases are difficult for all participants in … Continue readin by Trial Lawyer Confidential
20 min listen
TLC_023: PROSECUTORIAL MISCONDUCT: In This Episode: I pull back the curtain on Prosecutorial Misconduct. Recently a Texas Judge was disbarred, sentenced to 10 days in jail and 500 hours of community service for criminal contempt. He was accused of lying to a judge in … Continue rea by Trial Lawyer Confidential
20 min listen
TLC_029: DESIGNER DRUGS and MEDIA PANIC: In This Episode:I pull back the curtain on Designer Drugs and Media Panic. In the wake of the tragic death of actor, Philip Seymour Hoffman, the media latched on to speculation that designer drugs were likely to blame for the … Continue reading &#85 by Trial Lawyer Confidential
20 min listen
TLC:_032: BAIL, BONDS and BOUNTY HUNTERS: In This Episode: I pull back the curtain on BAIL, BONDS and BOUNTY HUNTERS. What is the difference between bail and bonds? What do Bounty Hunters do and how are they regulated and paid? Why does a monetary issue like Bail have … Continue reading &#8 by Trial Lawyer Confidential
20 min listen
TLC_031: ATTORNEY CLIENT RELATIONSHIP: In This Episode: I discuss the Attorney Client Relationship. I will leave attorney client privilege for another episode. Here we delve into how do we, as lawyers, and especially as public defenders, establish a relationship with our clients so that they & by Trial Lawyer Confidential
20 min listen

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TLC_035: NOT GUILTY BY REASON OF INSANITY: In This Episode: I pull back the curtain on the the plea of Not Guilty By Reason of Insanity. How does it differ from Diminished Capacity and Competency to Stand Trial? Contrary to what the media often portrays, the insanity defense is pled … Cont by Trial Lawyer Confidential
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TLC_034: COLLATERAL CONSEQUENCES of a CRIMINAL CONVICTION: In This Episode: I pull back the curtain on the Collateral Consequences of a Criminal Conviction. What rights and privileges are affected beyond the punishment imposed under the law. We explore gun ownership issues, denial of government benefits, licensin by Trial Lawyer Confidential
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TLC:033 PUBLIC DEFENDERS and PRIVATE LAWYERS: In This Episode: I pull back the curtain on the difference between public defenders, appointed counsel and private lawyers. So often the injustices involved in the system are blamed on the performance of a lawyer rather than an inherent bias in … Co by Trial Lawyer Confidential
20 min listen
TLC:_032: BAIL, BONDS and BOUNTY HUNTERS: In This Episode: I pull back the curtain on BAIL, BONDS and BOUNTY HUNTERS. What is the difference between bail and bonds? What do Bounty Hunters do and how are they regulated and paid? Why does a monetary issue like Bail have … Continue reading &#8 by Trial Lawyer Confidential
20 min listen
TLC_031: ATTORNEY CLIENT RELATIONSHIP: In This Episode: I discuss the Attorney Client Relationship. I will leave attorney client privilege for another episode. Here we delve into how do we, as lawyers, and especially as public defenders, establish a relationship with our clients so that they & by Trial Lawyer Confidential
20 min listen
TLC_030: PROBATION: In This Episode:I pull back the curtain on PROBATION. What is it and how does it differ from parole? Probation is granted by the court on the condition that the defendant fulfill certain obligations and promises over a certain period of … Continue r by Trial Lawyer Confidential
20 min listen
TLC_029: DESIGNER DRUGS and MEDIA PANIC: In This Episode:I pull back the curtain on Designer Drugs and Media Panic. In the wake of the tragic death of actor, Philip Seymour Hoffman, the media latched on to speculation that designer drugs were likely to blame for the … Continue reading &#85 by Trial Lawyer Confidential
20 min listen
TLC_028: MANSLAUGHTER: In This Episode: I pull back the curtain on the laws relating to the LAW OF MANSLAUGHTER. There are 3 types of manslaughter: Voluntary, Involuntary and Vehicular. Within these categories we find issues of reckless disregard for human life and acts commit by Trial Lawyer Confidential
20 min listen
TLC_027: MURDER: In This Episode: I pull back the curtain on the laws relating to the LAW OF MURDER. First degree murder is the unlawful killing of a human being with malice aforethought carried out in a willful, premeditated and deliberate manner. 2nd … Continue re by Trial Lawyer Confidential
20 min listen
TLC_026: OBJECTIONS and SIDEBARS: In This Episode: I pull back the curtain on the laws relating to OBJECTIONS and SIDEBAR CONFERENCES. The law allows both sides in a criminal or civil case to object to certain questions or answers that are being asked or elicited … Continue reading by Trial Lawyer Confidential
20 min listen
TLC_025: DOMESTIC VIOLENCE LAWS: In This Episode: I pull back the curtain on the laws relating to Domestic Violence. We explore how and why it is treated differently than other types of assault. We also discuss why these cases are difficult for all participants in … Continue readin by Trial Lawyer Confidential
20 min listen
TLC_023: PROSECUTORIAL MISCONDUCT: In This Episode: I pull back the curtain on Prosecutorial Misconduct. Recently a Texas Judge was disbarred, sentenced to 10 days in jail and 500 hours of community service for criminal contempt. He was accused of lying to a judge in … Continue rea by Trial Lawyer Confidential
20 min listen
TLC_022: WHO’S WHO IN COURT: In This Episode: I pull back the curtain on Who’s Who in a criminal courtroom. What are the various roles and responsibilities of all the players. Most of us know the basic functions but you might be surprised to learn lesser … Continue readin by Trial Lawyer Confidential
20 min listen
TLC_O21: ENTRAPMENT: In This Episode: I pull back the curtain on Entrapment. How far can a government agent go to induce an ordinary citizen to commit a crime. Some states focus on the predisposition of the defendant, while other focus solely on the … Continue reading by Trial Lawyer Confidential
20 min listen
TLC_020: EYEWITNESS IDENTIFICATION: In This Episode: I pull back the curtain on Eyewitness Identification. Often the most powerful evidence presented in a criminal trial, mistaken identification is the overwhelming cause of the majority of wrongful convictions in this country. Jurors put a by Trial Lawyer Confidential
20 min listen
TLC_019: SELF DEFENSE: In This Episode: I pull back the curtain on Self Defense. The concept of self defense comes from common law and has always been a part of the American justice system. Over the years, issues have arisen over whether a person … Continue reading &#8594 by Trial Lawyer Confidential
20 min listen
TLC_018: FALSE CONFESSIONS: In This Episode: I pull back the curtain on False Confessions. What would possibly compel an innocent person to take responsibility for a crime he did not commit? We will explore the psychological studies that have delved into this phenomena … Cont by Trial Lawyer Confidential
20 min listen
TLC_017: DISMISSED ON A TECHNICALITY: In This Episode: I pull back the curtain on the legal rulings that result in cases being dismissed on a technicality. When a case is dismissed on a technicality in the criminal justice system, it usually means that a court has … Continue reading &#8 by Trial Lawyer Confidential
20 min listen
TLC_016: CAMERAS IN THE COURTROOM: In This Episode: I pull back the curtain on cameras in the courtroom. What effect do cameras have on the participants and the viewing audience in a criminal trial? While the right to a speedy and public trial is guaranteed … Continue reading &#85 by Trial Lawyer Confidential
20 min listen
TLC_015: CIRCUMSTANTIAL EVIDENCE: In This Episode: I pull back the curtain on Circumstantial Evidence. Learn the major misconceptions about circumstantial evidence and how defendants and the general public often underestimate the power of this type of evidence in a trial. We will explo by Trial Lawyer Confidential
20 min listen
TLC_014: DEFENDANTS TESTIFYING: In This Episode: I pull back the curtain on defendants testifying on their own behalf. We explore the myths surrounding why a defendant would choose to testify or choose not to testify. There are a variety of factors that lawyers … Continue reading by Trial Lawyer Confidential
20 min listen
TLC_013: PLEA BARGAINS: In This Episode: I pull back the curtain on Plea Bargains. Justice Kennedy of the United States Supreme Court wrote, “Criminal justice today is for the most part a system of pleas, not a system of trials.” Justice Scalia wrote, … Contin by Trial Lawyer Confidential
20 min listen
TLC_012: JURY NULLIFICATION: In This Episode: I pull back the curtain on Jury Nullification. Jury nullification occurs when a jury acquits a defendant even though they believe the case was proved beyond a reasonable doubt. This can happen when they believe the law … Continue r by Trial Lawyer Confidential
20 min listen
TLC_011: THE DEATH PENALTY: In This Episode: I pull back the curtain on the Death Penalty. I discuss what makes a person eligible for the death penalty versus life with the possibility of parole. I also explain my multi-layered opposition to the Death Penalty … Continue readi by Trial Lawyer Confidential
20 min listen
TLC_010: BEYOND A REASONABLE DOUBT: In This Episode: I pull back the curtain on the legal standard of proof: Beyond a Reasonable Doubt. It is the highest burden of proof in the American justice system and reserved only for trials where life or liberty are … Continue reading → by Trial Lawyer Confidential
20 min listen
TLC_009: PRESUMPTION OF INNOCENCE:   In This Episode: I pull back the curtain on the Presumption of Innocence. A defendant in a criminal case is presumed innocent unless and until the prosecution proves his guilt in a court of law beyond a reasonable doubt. … Continue reading &# by Trial Lawyer Confidential
20 min listen
TLC_008: MIRANDA WARNINGS: In This Episode: I pull back the curtain on Miranda warnings: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. … Continue reading → by Trial Lawyer Confidential
20 min listen
TLC_007: DUI DRIVING UNDER THE INFLUENCE: In This Episode: I pull back the curtain on the laws relating to DUI: Driving Under the Influence, or DWI: Driving While Intoxicated (commonly called drink driving). Learn about what police officers look for when they are on patrol for … Continue re by Trial Lawyer Confidential
20 min listen
TLC_006: DRUGS AND THE WAR ON DRUGS: In This Episode: I pull back the curtain on DRUGS and DRUG LAWS. I’ll explain how the most common street drugs are sold and discuss why the war on drugs is not working. The evil in these laws is not … Continue reading → by Trial Lawyer Confidential
20 min listen
TLC_005: FROM ARREST TO TRIAL: In This Episode: I reveal what happens to a person from the day they are arrested for a crime to the day their actual jury trial starts. If you cannot afford to post bail, you may spend up to 3 … Continue reading → by Trial Lawyer Confidential
20 min listen

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TLC_O21: ENTRAPMENT: In This Episode: I pull back the curtain on Entrapment. How far can a government agent go to induce an ordinary citizen to commit a crime. Some states focus on the predisposition of the defendant, while other focus solely on the … Continue reading by Trial Lawyer Confidential
20 min listen
TLC_028: MANSLAUGHTER: In This Episode: I pull back the curtain on the laws relating to the LAW OF MANSLAUGHTER. There are 3 types of manslaughter: Voluntary, Involuntary and Vehicular. Within these categories we find issues of reckless disregard for human life and acts commit by Trial Lawyer Confidential
20 min listen
TLC_015: CIRCUMSTANTIAL EVIDENCE: In This Episode: I pull back the curtain on Circumstantial Evidence. Learn the major misconceptions about circumstantial evidence and how defendants and the general public often underestimate the power of this type of evidence in a trial. We will explo by Trial Lawyer Confidential
20 min listen
TLC_026: OBJECTIONS and SIDEBARS: In This Episode: I pull back the curtain on the laws relating to OBJECTIONS and SIDEBAR CONFERENCES. The law allows both sides in a criminal or civil case to object to certain questions or answers that are being asked or elicited … Continue reading by Trial Lawyer Confidential
20 min listen
TLC_020: EYEWITNESS IDENTIFICATION: In This Episode: I pull back the curtain on Eyewitness Identification. Often the most powerful evidence presented in a criminal trial, mistaken identification is the overwhelming cause of the majority of wrongful convictions in this country. Jurors put a by Trial Lawyer Confidential
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TLC_027: MURDER: In This Episode: I pull back the curtain on the laws relating to the LAW OF MURDER. First degree murder is the unlawful killing of a human being with malice aforethought carried out in a willful, premeditated and deliberate manner. 2nd … Continue re by Trial Lawyer Confidential
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TLC_025: DOMESTIC VIOLENCE LAWS: In This Episode: I pull back the curtain on the laws relating to Domestic Violence. We explore how and why it is treated differently than other types of assault. We also discuss why these cases are difficult for all participants in … Continue readin by Trial Lawyer Confidential
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TLC_014: DEFENDANTS TESTIFYING: In This Episode: I pull back the curtain on defendants testifying on their own behalf. We explore the myths surrounding why a defendant would choose to testify or choose not to testify. There are a variety of factors that lawyers … Continue reading by Trial Lawyer Confidential
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TLC_030: PROBATION: In This Episode:I pull back the curtain on PROBATION. What is it and how does it differ from parole? Probation is granted by the court on the condition that the defendant fulfill certain obligations and promises over a certain period of … Continue r by Trial Lawyer Confidential
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TLC_024: DURESS/NECESSITY

TLC_024: DURESS/NECESSITY

Description

Titles in the series (35)

More Episodes from Trial Lawyer Confidential

Related podcast episodes