CLE Online

Trials of the Century

• why are they famous and what can we learn from them?

The Wilbur Coffin Case

One of the last hangings in Canada—a case in which guilt, innocence, and even whether a murder occurred is still disputed.

• justice depends on the quality of the attorneys and judge
• publicized cases create immense pressure on counsel and judges
• often, critical evidence is lacking, and justice must be decided on partial details, the best evidence available

O.J. Simpson Trial (1995): Cross-Examination Techniques

Observe the cross-examination of Mark Fuhrman by F. Lee Bailey.

• generally accepted principles of cross-examination
• adjusting and breaking the principles of effective advocacy to fit the circumstances
• techniques that can make a cross-examination great

See the cross-examination of Ellen Aaronson by Marcia Clark.

• how winning the battle can lose the war

Watch the carefully structured cross-examination of criminalist Dennis Fung.

• surprising the witness—victory is in the documents

Scopes “Monkey” Trial (1925): Cross-Examination Techniques

John T. Scopes’ trial for teaching evolution in public school.

• listen to the cross-examination of William Jennings Bryan by Clarence Darrow
• see the great guideline of cross followed

"Hissteria": Alger Hiss—Statesman or Spy? (1 hour in ethics)

• the ethics of dealing with difficult witnesses and counsel

Lunch (on your own)

"Hissteria" (cont'd)

Lindbergh Kidnapping Trial (1935)

• the "annihilating" cross-examination
• aggressive cross can be good—if you have the "goods"

The Nuremberg Trials (1945-1946): Cross-Examination of the Difficult Witness

See U.S. Supreme Court Justice Robert H. Jackson cross-examine Reich Marshall Herman Goering.

• methods of controlling the difficult witness
• appealing to the court when violations of control occur

Leopold and Loeb Trial (1924): Closing Argument Techniques

Listen to Clarence Darrow’s arguments and learn to “turn an argument”.

• take the same facts, but argue the opposite conclusion
• attribute the same motives to the opposing party

The People v. Clarence Darrow (L.A. Times Bombing Trial) (1911): Closing Argument Techniques

Watch Clarence Darrow’s closing argument in his own bribery trial.

• Darrow’s favorite arguments used in virtually every case
• putting your client in the white hat
• framing the issues
• flattery will get you everywhere

The Clinton Impeachment: Great Closing Arguments

• favorite arguments with a 21st century twist—great arguments have not changed over the years

What Was the Trial of the Century?

• learning from the trials of the century