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Posted by dorayme on 03/08/06 02:53
In article
<1141729115.913024.158070@u72g2000cwu.googlegroups.com>,
"Travis Newbury" <TravisNewbury@hotmail.com> wrote:
> dorayme wrote:
> > And - btw - who sez you can't use analogies in court? Want me to
> > ferret out transcripts of counsel speeches? Want to leave an
> > escrow bet on this?
>
> Yes, show me transcripts, other than closing arguments, that the court
> allows the use of analogies on the wittness stand. (And one side or the
> other does not object)
>
Well, hang on there Travis. You are popping up surprisingly now
somewhere else! Who said anything about the witness stand?
Witnesses answer questions from counsel. They are often urged to
answer yes or no to factual questions. So what? The facts are not
totally irrelevant to a case! What I am saying to you is that the
juries would be hard pressed to understand and be able to make an
informed judgement without the use of analogy. The counsel would
too in their arguments and the judge in his or her summing up. It
is false anyway that counsel or judges do not use analogies in
questions:
To a white collar crim on computer fraud charges, the judge or
counsel might say: "You virtually climbed up a drainpipe, entered
a window not being watched and entered a private room and cracked
the combination to the plaintifs safe and stole his all, did you
not? You had no authority to enter! You saw that his account is
password protected and so obviously not for anyone to get in and
take his money? Is that right?" The analogy bits are to make the
prisoner and the jury in no doubt about what it is that the
prisoner is being accused of. To put a context that is easily
understood on a situation and so to aid the understanding. The
prisoner is not actually being asked about drainpipes...
If you want actual transcripts, put up money dear Travis, but I
can see you can be a slippery customer ... :)
> Kind of off topic, have you ever read the entire tanscripts from a
> trial? I have just completed over 500 pages of transcripts of the
> capital murder trial of Cory Maye. My son's production company is
> producing a documentary on him. I am doing the balistics animations
> for the documentary. Very interesting case to say the least.
Never an entire transcript, no. Is there a URL to it? I might be
able to spot a few analogies that you are not realising are so...
Anyway, interesting about your son...
--
dorayme
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