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Criminal Defense & Plaintiff Advocacy Blog
Criminal Defense & Plaintiff Advocacy Blog

PUT YOUR CASE INTO CONTEXT

It is important to put your case into context factually and emotionally, as it makes your case more believable and helps the audience connect with your client. The factual context of the case refers to what was going on, the events that occurred, and the reasoning behind everything. If the context of your case is factually consistent with normal human behavior it will add to the credibility of your case. It is also important to put your case into context emotionally to help the jurors connect with your client if those emotions are consistent with the facts of the case.

As stated above people view cases in light of what they perceive to be normal human behavior. Attorneys should use context in their theory, themes, and methods of proof by showing they are consistent with normal behavior. If the case involves professionals, you should put the case in the context of a normal professional.

You can challenge opposing counsel's case by showing it is out of context.

Just as you want to show your case is consistent with normal human behavior you want to show the opposing counsel's case is inconsistent with normal human behavior. A friend of mine was defending a musician accused of rape. It turned out the alleged victim was still following his band after the rape allegations. On cross-examination he asked the alleged victim why she was still following the band after he allegedly raped her. She responded she still liked the band. Her testimony was clearly inconsistent with normal behavior, and the jury returned a verdict of not guilty.

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Aaron Baghdadi