JURY SPEECHES. Michael Meehan Advocate Black Chambers

Transcription

1 JURY SPEECHES Michael Meehan Advocate Black Chambers

2 JURY SPEECHES The jury speech is the reason advocates exist. It is their weapon, their art, the moment for persuasion. Some say the advocate s greatest weapon is cross-examination. Not so A good speech can recover a bad cross-examination. But a bad speech can lose an otherwise winnable case, even after a good cross-examination, especially if your opponent makes a good jury speech. [The Devil s Advocate Iain Morley QC] Michael Meehan, Advocate, Black Chambers 2

3 JURY SPEECHES Whether the arena is personal, political, or the courtroom, the fundamentals of effective persuasion are always the same. Jurors want a consistent story. Jurors want a simple story. Jurors don t care about the details. Jurors want the big picture. [27 Powers of Persuasion Chris St. Hilaire] Michael Meehan, Advocate, Black Chambers 3

4 ESSENTIAL FEATURES OF A SPEECH Structure Clarity Appropriate language Interesting delivery Deals with the issues and difficulties of the case Contains an explanation as to what the pleader wants Contains an explanation of why that is reasonable and appropriate Michael Meehan, Advocate, Black Chambers 4

5 QUALITIES OF A JURY LAWYER The essential qualities of a pleader are of particular importance in a jury trial. The greatest asset that a pleader can have is the trust of the jury. If the jury comes to realise that the pleader has the answers and that they can rely on the suggestions the pleader makes then the jury are more likely to do what the pleader wants. Throughout the trial, pleader must constantly be seen as fair, responsible, reasonable and reliable. This needs to be carried through to the speech. Michael Meehan, Advocate, Black Chambers 5

6 SEVEN TIPS FOR JURY SPEECHES Seven key tips: 1. Avoid rehearsing evidence your speech is about commenting on the evidence 2. But make sure that you have an accurate note of the evidence e.g. were prior statements actually adopted? 3. Think carefully about what the judge is likely to say to the jury about matters of fact 4. Always carry a copy of the annotated Criminal Law Statutes and a copy of the Jury Manual 5. Be aware of recent cases 6. Reflect on what you feel worked well and what didn t 7. Always listen out for new material to reset into your next speech Michael Meehan, Advocate, Black Chambers 6

7 JURY SPEECHES Further points to consider: Before the trial starts, work out what you would like to be able to say in your speech As the trial progresses, identify the strengths and weaknesses of the Crown and defence case Write out the comments you will make about the strengths and weaknesses Do you have legal submissions on the evidence Think carefully about how you will start your speech Will there be a particular emphasis in your speech How will you opponent deal with the above points How long should it last? 5 minutes per trial day You do not need to give an indication of how long your speech will last or how long is left. But, if you do, make sure you stick to it. Michael Meehan, Advocate, Black Chambers 7

8 THE IT WIS NAE ME JURY TRIAL (1) Conducting the It wis nae me jury trial Experienced prosecutors and defence lawyers will have a mental checklist of features which bear on the reliability of fleeting glance identification. It is a list of features they will consider against their analysis of the case. A useful starting point is your PDF copy of the Jury Manual. The index is contained on pages xxiii to xxxi. Matters which frequently arise in jury trials are dealt with individual chapters. Chapter 16 Identification The Need to Take Care Michael Meehan, Advocate, Black Chambers 8

9 THE IT WIS NAE ME JURY TRIAL (2) Possible direction Chapter 16.2: You ll need to take special care in assessing the quality of this evidence. You may want to consider: 1) Opportunity, fleeting glimpse or longer, time, clearly visible, sighting obscured in some way? 2) State of lighting? 3) Previously known or stranger? 4) Easily distinguishable feature or not? 5) How positive were the identifications, in court or at parade? Reasons picked out? 6) Memories been affected in any way? Michael Meehan, Advocate, Black Chambers 9

10 THE IT WIS NAE ME JURY TRIAL (3) In preparing for trial as defence lawyer, identify the different features which the prosecution will be keen to emphasise to the jury and the features which the prosecution will be keen to avoid e.g. drink and drugs consumed by witnesses During the trial, listen to the evidence and ask yourself what is the other side likely to say about it? Is it likely that the other side will want to avoid mentioning it? If so, make a note to watch out for this. Point the omission out to the jury. The prosecution speech can be trickier in that the prosecutor has to judge what, if anything, to say in anticipation of what the defence may say. Michael Meehan, Advocate, Black Chambers 10

11 CROWN AND DEFENCE CASES The biggest difference between the Crown and defence is that the prosecutor is seeking to piece together a growing entity. It requires to be interlinked throughout so that by the end it is strong and cogent enough to withstand the attacks which will be mounted against it. The defence on the other hand need only concentrate on one aspect of component of the case. If the defence succeed in attacking the reliability of even one component of the case this may be enough. Michael Meehan, Advocate, Black Chambers 11

12 Michael Meehan, Advocate, Black Chambers 12