The Advocacy of Trial Book - Essay Example

The author witnessed the proceedings from the public gallery and therefore, would comment on the trial as a neutral observer. The hearing on sentencing took place on March 8, 2012, at which I was present.1 In order to protect the right to the confidentiality of those involved in the proceedings, their names had been changed. I also had a brief chance to examine the court documents, which were provided to me by the prosecution counsel during the trial.

During the trial, I had taken some notes which were used for this Trial Book and had also integrated some of my ideas into it to provide it with a proper structure and form. The art of storytelling is fundamental to evocative and effective communication to attain the objectives of understanding. An attorney has two chances to communicate to the fact-finder during a trial, through the opening and closing arguments. The more persuasive the counsel is in telling the story, the more chances are that the fact-finder will rule in favor of the argument of the advocate.
When advocates use good storytelling techniques they will be able to draw the Jury’s attention and make them understand their points clearly. This note highlights three basic storytelling techniques that a practitioner can employ to create his narration of the case, either in opening or closing, more believable. Tell the story or fact of the case in the present tense form, speak in obvious, active English and connect the listener to the course of events. This trial book will look at the daily proceedings in the court and how every process is handled by the concerned, particularly the prosecution and defense counsels.

It will also look in detail at how each of the councils has used language and other advocacy techniques and methods in arguing their cases and the impact it had on the case from an overall point of view. Jurors in criminal trials can ask questions, which provides them the chance to be interactive in a trial. It is also considered a valuable instrument to get essential clarification of facts and to fill gaps in information, so as to bring out every relevant factor of the case. The jury continually asks questions to confirm information regarding various factors of the case.

On the other hand, in some cases, it is seen that jurors do not understand certain aspects of a case, which may lead them to disregard certain information. Advocates must cooperate with other counsels for the timely preparation of a trial proceeding brief of documents in order to assist the management of documentary proof at trial by the court, witness, and counsel. Advocates also must be conversant regarding the provisions of the law, their impact on the offense, etc. In addition, they should thoroughly prepare for the case with every relevant background detail and information.

This trial book intends to delineate all these aspects and to illustrate how trials are conducted in courts, the procedures, and also how effective use of language and rhetoric can make a difference in juror’s decisions and winning a case. Facts of the Case: On July 27, 2011, three defendants are charged with conspiracy to supply a large number of cocaine drugs Class A under the law Section 1(1) 1977 in North West London.