Prominent defense attorney Ben Brafman discusses defense strategies in Trump's criminal trial, emphasizing the challenges of high-profile cases and strategic cross-examination. The conversation explores the risks of Trump testifying, insights on the DA's office, and ethical complexities of representing powerful individuals.
In high-profile trials, defense lawyers should focus on creating doubt from the prosecution's evidence.
Effective cross-examination and redirect strategies can sway the jury's opinion and impact the trial's outcome.
Deep dives
Defense Strategy in Criminal Cases
In criminal cases like the prosecution of former President Donald Trump, the defense strategy is crucial. The primary role of a defense lawyer is to create reasonable doubt from the evidence presented by the prosecution. It is essential to avoid overpromising in the opening statement and to carefully control the courtroom. The defense lawyer's focus should be on creating doubt from the government's own evidence while handling a difficult client.
Cross-Examination Techniques and Redirect Importance
Cross-examination plays a significant role in trials, especially when dealing with key witnesses like Michael Cohen. Crafting a cross-examination to undermine the witness's credibility is crucial. The redirect examination should not be underestimated, as it can be incredibly effective in reinforcing a witness's testimony or highlighting inconsistencies. The skillful use of cross-examination and redirect can sway the jury and impact the trial's outcome.
Summation and Strategy for the Defense
Constructing a compelling summation for the defense in high-profile cases like Trump's requires strategic precision. The defense lawyer should focus on presenting a concise and impactful argument, avoiding getting bogged down in unnecessary details. Less can be more during the summation, emphasizing that even if embarrassing behavior occurred, it does not equate to criminal conduct. A well-crafted and succinct summation can leave a lasting impression on the jurors.
Avoiding Testimonies from Accused Individuals
One critical strategy discussed is the decision to prevent accused individuals like Trump from testifying in their defense. Putting Trump on the stand could risk damage to his credibility and portray him in a negative light. By keeping powerful individuals from testifying, defense teams aim to prevent potentially harmful statements that could sway the jury. The reluctance to have accused individuals testify reflects a careful legal strategy to protect their case's integrity and image.
Ben Brafman, one of the country’s premier defense attorneys, has represented numerous high-profile clients, including Sean “P. Diddy” Combs, Michael Jackson, Dominique Strauss-Kahn, and Martin Shkreli. He joins Preet to discuss the defense strategy in Donald Trump’s Manhattan criminal trial.
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