The problems with complex cases

The second Death Star under construction in Re...Image via Wikipedia
From the NY Times:



Jurors Fault Blagojevich Trial’s Complexity

I call these Death Star cases.  If you remember Star Wars the bad guys are trying to build this planet shaped Death Star to control space with with.  The small X wing fighters find a vulnerability and exploit it to destroy the Death Star.  Whenever you have a massive complex case you face similar vulnerabilities.  It is easy for the defense to focus on one aspect of the case and bring down what looks like a house of cards.

The smarter approach when you have a complex fact situation is to find three things about the case that are undeniably true.  They should be the kind of things that make even the defense attorney wince when he sees them.  You then get bits and pieces of the complexity of the case on the record and the jury starts thinking this mess is even worse than the three things the prosecutor has been hammering.

Actually, you usually don't get that far, because smart defense lawyers are getting their client to do a plea bargain.
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