Criminal Defense Attorney | Criminal Defense Law

Blog Published By Kenneth Padowitz, P.A.

‘Trial Advocacy’

Poethics: A Study in Law and Literature

legal writing in the criminal law world

There is the literature of law – the heavy tomes that recount case studies, interpretations of legislation, historical court cases and other legal situations; then there is law in literature, fictional, biographical or non-fiction stories in which legal ramifications loom large in the narration, or which deal directly with points of law. Add to that the rhetoric of the courtroom, building a case, persuading a jury or simply writing a report that will weight evidence one way or the other or stand firmly in the balanced position of presenting the facts, and you have poethics. Poethics Defined Poethics is a recognition of differences between fiction and reality, a consideration of how a lawyer or judge must use words to convey a sense of why a thing shall be adjudged in a certain way, and a correlation of the need to recognize the spirit of an existing legal ruling as well as the concrete structure of the words used to convey the mean of the law, the persuasion by the lawyer, and the decision of the judge. Richard Weisberg, in his book, Poethics and other Strategies… Read More

Tattoos and Rap

tattoos in court | Broward criminal lawyer Kenneth Padowitz

Several members of the Latin Kings gang were arrested in Florida for racketeering and other charges. 23 of its members were incriminated in the process of indictment, as associates of one of the biggest and most well organized gangs in the country. The trial sparked controversy and great surprise when the most powerful evidence presented for the case included gang-related tattoos, symbols, and handshakes. People asked, was this a violation of the First Amendment – the right to free speech? Criminal Procedures Guided by Federal Rules Courts are bound by Federal rules of criminal procedure when evaluating and determining when and how they can use evidence in a case. Some submitted evidences may bear insignificant probative value but the defendant may find it highly detrimental to his defense. One example is: a defendant that was arrested for beating up a neighbor does not immediately prove that he also stole a different neighbor’s car. While these two events were unrelated and does not necessarily have bearing for the defendant, the mere presence of sharing the first crime’s incidence with the jury will put the defendant at… Read More

Child-Abuse Testimonies: Not Covered By the Confrontation Clause

child testimony - confrontation clause | Broward Criminal Lawyer | Kenneth Padowitz, P.A.

When undergoing litigation, criminal defendants are given the power to invoke and use their constitutional right to cross-examine accusers. This is a right that is specifically stated in the Confrontation Clause. This clause is quite logical since it is understood that when an individual is put on trial, his future and freedom are at risk of being lost. Of course, the contents of the Confrontation Clause aren’t only valid for witness testimonies. The clause covers any type of material that can be used to incarcerate an individual who is being charged. Such materials must pass the criteria of having relevance, reliability, and material existence. True Purpose of the Confrontation Clause In the process of court trial, it is a known fact that out-of-court-statements cannot be recognized as valid proofs of guilt of the accused. This is because the Constitution’s Confrontation Clause is in effect. Such statements are declared as mere idle talk and have no bearing on the case in question. A criminal defendant’s out-of-court-statement is therefore not a basis for final decisions made by a judge or a jury. Exceptions Under the Confrontation Clause… Read More

Jury Trial | Simulations vs. Animations

Court animation | Fort Lauderdale Criminal Defense Attorney

Computer “Animations” vs. “Simulations”: Why Attorneys Need to Know Difference Imagine being in court ready to present a topnotch animation created by a professional litigation graphics company. The opposing counsel jumps up to say, “Your honor, we object to this animation since there is no foundation that it’s identical to what happened, it will confuse the jury, and it does not meet the scientific evidence requirements for admissibility.” How should you respond? If you know the difference between a computer “animation” and a computer “simulation”, then the answer is simple. In a jury trial, simulations are far harder to get into evidence then an animation. The difference boils down to this, if the presentation is used to simply illustrate an expert’s or witness’s description of what happened, then that’s an animation and therefore considered demonstrative evidence only; i.e. it shows real evidence, but is not evidence itself. If a computer model or program tells him or her what happened, that is a simulation hence it’s “real evidence” requiring all the levels of foundation and acceptance of methods used by the expert to create the simulation… Read More