Attorney Franz Borghardt joined the show for his weekly segment. He and Brian discussed a variety of topics.
What occurs in a jury trial?
Franz talks about the process that the court has to take when holding a jury trial. Franz explains how lengthy the process of selecting jurors is and the impact it may have on the trial. Franz says “it’s probably the most boring part of the trial, but it’s the most important.” Franz explains the opening statements and how it works in court. He says that this would be similar to what one would see on tv, in the opening statements, the lawyers lay out what could have happened in the case, it’s not an argument. Franz also details how forensics works in a DNA trial, he explains cross-examining witnesses, and previews closing statements and how the jury comes to a conclusion.
How accurate are court room scenes in movies?
Franz explains the separation of reality between tv and actual court cases. Franz says that in most objections, they will approach the bench instead of making a dramatic scene, although sometimes that is the case. He also explains that most judges don’t allow questionable things to be admitted like they do in the movies, most judges are black and white with no grey areas. Franz says the importance of these judges making good judgment calls is the key to any case.
What is an “ah ha moment” in court?
Franz explains that rarely do these dramatic discoveries happen in an actual courtroom. He says that because of the laws of disclosing evidence to one another, rarely is there any surprises. Franz does preview that his trial will in fact have an “ah ha moment.”
Hear the full interview here.