Three prosecutor persuasion tips

Can you get what you want?

(LT Galloway was able to handle the truth. Picture via google)

My BJJ classes end with rolls. All rolls start with being on your feet. Why?

You have to get someone on the ground to execute jiu-jitsu. Can you get them off balance and sweep/take them down?

A to B to Choke.

Persuasion in prosecution is similar.

Do you have the techniques to get the result you want in court?

Can you persuade the judge to agree with your side of the facts?

Can you get the defense to agree to your plea terms?

Here are three techniques I use and how I use them in court:

Pre-suasion

Presuasion is setting up everyone in the courtroom to want me to win.

How do I do this?

1. Look the part. I am in shape, clean cut (short hair, usually clean shaven) and wear clothes that fit me. Rarely a more in shape lawyer appears in my courtroom.

2. Greet everyone. How are you, did your daughter’s trip go well, how’s the little guy doing? I ask about family, projects, anything of interest to that person. Kobe Bryant was great at this. Treat the courtroom or court like you are the CEO. Shake hands, eye contact, everyone is your friend.

3. Be on time! Some courtrooms are like herding cats. Attorneys will forget court times, clients are worse. You? You are a rock. You are there, you are ready. The other person? Scrambling.

   Get everyone in that courtroom on your side before the first case is called.

Anchoring

Anchoring is the process of using a stronger term or offer to get the lower one you most likely want or think the judge will agree to.

You provide an offer to defense once you read through all available documents at the start of the case (police reports, any prior record). I look to drop a heavy anchor when making my initial offer, especially if a repeat offender.

For example: assume the facts show the defendant violently attacked his wife. Wife calls 911, officers come. Wife has some bruises, large cut on her face. This is the second domestic violence case against this defendant with the same victim.

The first case was amended to a battery, defendant was given court supervision. Defendant successfully completed court supervision so a conviction never entered.

I’d offer 2-3 years probation, a year stayed jail time. 50-100 hours of community service, no contact with the victim. Why?

The escalation usually does from supervision to a conviction (my state calls it conditional discharge). Probation and a year stayed jail is:

• a large commitment. Probation is extensive and messes with people. Three years probation is onerous.

• stayed jail is great. Keeps a large carrot hanging over defendant’s head. Violate probation and you head st8 to jail.

• Community service blows. 100 hours over three years is less than a hour a weekend. As we know from experience, rarely do people do things in advance. Stacking 100 hours into a year is still doable, but annoying.

• No contact with the victim is standard in a domestic violence case.

What do I usually get from this offer?

18-24 months’ probation, 180 days stayed jail, 50-75 hours community service, no contact with victim.

I prefer 24 months for the victim to have time to build a life/protections into her life from the defendant. The months are dependent on the facts. Stronger cases get 24 months, weaker get 18.

Six months stayed jail is a good deterrent for anyone.

This sentence is fairly common in my courtroom. Ideally you get the lengthier of the 18-24 months, but it depends on the judge. Much better than 12 months or a conditional discharge with NO reporting.

Pacing and leading

Pacing and leading is how I get judges to side with me. Each judge has their own style.

Judges tend to use the same words and phrases. You have to listen to what a judge says and repeat those key phrases in your arguments.

Judges typically use these key words when explaining their decisions.

“I find that the safety of the community…”

“Children that are around domestic violence are 75% more likely to become domestic offenders…”

“Multiple minors have been killed this year in this courtroom”

I take the judge’s statements and use them in my argument.

“The defendant’s actions and history of violence put the safety of the community at stake…”

“As your honor has pointed out, children that see domestic violence are very likely to become domestic offenders themselves…”

“This minor using a gun is a community safety issue, especially given multiple minors have been killed in this courtroom this year”

How often does this work? More than not.

Judges like hearing their language used in their courtroom. Having the facts in your favor helps too.

Thank you for reading. Do you have any persuasion techniques you use to success? Leave them in the comments or DM me at bowtiedkong on twitter.

Namaste,

KONG