Word: emotionalize
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"Specifically, defense attorneys have strategically been known to cry on cue and beg for their clients' lives," the motion states, meaning the attorneys are "appealing to the emotion [of the jury] instead of reason." The filing cites a 1999 capital case ruling by the Ohio Supreme Court that it is...
In light of Howard's strong denials, the prosecution team is now backpedaling on its initial accusation. "I think we overstated at one point," Piper admits. "I think the emotion is sincere." He adds that it is difficult at times for prosecutors, himself included, to maintain composure. "When you have...
The Ohio case reflects a long-standing uncertainty about the role of emotion in the application of the law, according to Doug Berman, an Ohio State University law professor and criminal-sentencing expert. He says that Phillabaum's motion is "part of a perhaps misguided attempt to suggest that the...
One recent example of this ambivalence is the 2006 Supreme Court case on whether it was prejudicial for a murder victim's family to wear buttons with a picture of the deceased during a trial. After much debate, the Supreme Court overturned a U.S. Court of Appeals decision and ruled...
For Washington and Howard, their primary concern is to give their best effort to protect their client. "The emotion is part of what makes you an effective litigator," argues Washington. "You have to believe in what you're working for. When you get to the point when you don't...