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Trial Lawyer Confidential

An Education, Higher Education and Society podcast featuring Elena Saris
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Join veteran criminal defense attorney Elena Saris as she pulls back the curtain on the inner workings of the real criminal justice system. Learn what really happens behind the scenes when someone is arrested and brought to trial in a state court. No fiction, no hate filled Nancy Grace rants, just unprecedented access to the cases, the players and the real life drama of the American criminal justice system.

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TLC_035: NOT GUILTY BY REASON OF INSANITY
In This Episode: I pull back the curtain on the the plea of Not Guilty By Reason of Insanity.  How does it differ from Diminished Capacity and Competency to Stand Trial? Contrary to what the media often portrays, the insanity defense is pled  in approximately 1% of all criminal cases and is only successful about 25% of the time it is used. The defense is used very rarely and frequently misunderstood by the general public. We explore some famous cases where the insanity defense was used successfully: John Hinckley Jr and Andrea Yates. Both defendants were acquitted of their crimes based on insanity defenses. Both defendants remain in custody however. In fact, studies show that defendants who successfully plead insanity often spend as much time if not more (sometimes double) than their counterparts who were convicted on a staring guilty plea. To see how each state treats the insanity defense, click HERE.  TRIAL LAWYER MENTOR Quick Tip: I talk briefly about the need to define terms of art in your industry, especially terms that have made their way into the common language but are used in ways that may subtly alter their original definition.  LAWYERS and LAW STUDENTS: Click here to sign up for our free newsletter where I share in depth tips and strategies for mastering the Art of the Jury Trial. And be sure to check back soon for a special offer exclusively for attorneys! Download AUDIO here (MP3)  
TLC_034: COLLATERAL CONSEQUENCES of a CRIMINAL CONVICTION
In This Episode: I pull back the curtain on the Collateral Consequences of a Criminal Conviction. What rights and privileges are affected beyond the punishment imposed under the law. We explore gun ownership issues, denial of government benefits, licensing issues as well as immigration issues and the two most egregious ones in my mind: disenfranchisement and exclusion from jury duty. To see the ACLU map of the UNITED STATES color coded by which states have felony disenfranchisement, click HERE.  TRIAL LAWYER MENTOR Quick Tip: I talk briefly about deciding WHO the HERO of your story is and why it is so important to have one in order to get your point across effectively.  LAWYERS and LAW STUDENTS: Click here to sign up for our free newsletter where I share in depth tips and strategies for mastering the Art of the Jury Trial. And be sure to check back soon for a special offer exclusively for attorneys! Download AUDIO here (MP3)  
TLC:033 PUBLIC DEFENDERS and PRIVATE LAWYERS
In This Episode: I pull back the curtain on the difference between public defenders, appointed counsel and private lawyers. So often the injustices involved in the system are blamed on the performance of a lawyer rather than an inherent bias in our society against those we choose to marginalize. The episode explores why it is so necessary to adequately fund offices that provide defense for those defendants who cannot afford to hire their own attorney. The Rand Study of the Philadelphia Public Defender System can be found here.  TRIAL LAWYER MENTOR Quick Tip: There was no Tip this week due to the length of the episode, however I do highly recommend Malcolm Gladwell’s latest book DAVID and GOLIATH. There is a link below to purchase the book which has an overall theme of understanding why the underdog is so often successful seemingly against all odds as well as a truly insightful discussion about California’s Three Strikes Law.  LAWYERS and LAW STUDENTS: Click here to sign up for our free newsletter where I share in depth tips and strategies for mastering the Art of the Jury Trial. And be sure to check back soon for a special offer exclusively for attorneys! Download AUDIO here (MP3) To read the CALIFORNIA LAWYER magazine cover story, scroll down to the post below or click HERE.   David and Goliath: Underdogs, Misfits, and the Art of Battling Giants
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Podcast Details
Started
Jan 23rd, 2013
Latest Episode
Jul 12th, 2014
Release Period
Weekly
No. of Episodes
41
Explicit
No

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