Act Hunger,, Ain’t It Great?

I’m telling ya,, act hunger is the greatest weapon a trial lawyer should ever have or know about after finding yourself. I see the amazing empowerment in act hunger. I believe with all my heart that the very drama unfolding in front of a jury is brought to life and action by the jury with act hunger.

I was talking to one of my dearest friends the other day,, and she is correct in her thinking. I don’t know how people come up with these insights that I have struggled with for years,, but bingo,, she did. Part of our conversation centered on the difference of criminal defense and plaintiff’s work and the difficulty in criminal defense.

At first, I didn’t understand it at all,, but then she slowly explained it to me how much harder criminal defense is than plaintiff’s work. I always had thought that criminal defense was easier because I am comfortable there and quite frankly,, there is always less paperwork with criminal cases.

But I left out an important consideration in criminal defense and one that is given to the government to make the playing field not level at all.

In a civil case and in the government’s case,, the element of punishment comes in. In a criminal case,, the government gets to ask the jury for guilty and then if guilty,, even if the judge does the punishment,, they get punishment. The very best we can do as defense lawyers is get a not guilty,,, yet we represented the victim who does not get to express his or her outrage and get retribution or punishment.

Some of you may think that everyone who is arrested is guilty,, but if you’ve ever been stopped for a traffic ticket and didn’t speed,, you want some “vengeance” against that officer. Maybe you want him fired from his job,, maybe you just want him to write a letter of apology,, but whatever the case,, you want some “vengeance”. Guess what,,, in a criminal case,,, you can’t get that. You can’t close the door.

In a civil case,, you can get that. You can get punishment as a part of your own “justice”. It ain’t fair. The human being wrongfully accused of a criminal act,, found to be not guilty,, can not heal totally at all. The victim who is wronged at least can heal. They can get punishment.

So,, what the hell does this have do to with act hunger and being a better trial lawyer? You tell me. Have a nice day.

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