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March 18, 2023

Behind the Scenes of High-Stakes Trials: A Close Look at Benjamin Brafman’s Defending Strategies

Imagine being accused of a crime that may possibly send you behind bars for life. That’s a high-stakes trial. To win such cases, it takes a top-notch defense attorney with an excellent track record of cases won. Benjamin Brafman is one of the notable names in the field of law, especially when it comes to winning high-profile cases. He has successfully defended high-stakes trials such as the case of Harvey Weinstein, Martin Shkreli, Dominique Strauss-Kahn, among others.

This blog post analyzes Brafman’s defending strategies behind the scenes in high-profile cases.

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Defending Strategies in High-Stakes Trials

Winning high-profile cases requires a lot of experience, preparation, and well-designed strategies. Here are some of the techniques Benjamin Brafman has employed to emerge victorious in high-stakes trials.

Building a Solid Defense

Before taking a case to trial, Benjamin Brafman first builds a solid defense. He carries out a thorough investigation of all the evidence in the prosecution’s possession, analyses them, and looks for ways to challenge their credibility or exclusion from the trial. His team also spends a considerable amount of time interviewing the witnesses and analyzing pertinent documents.

In the case of Harvey Weinstein, Brafman argued that his client’s accusers had willingly pursued Weinstein for future job opportunities and continued voluntary relationships. He introduced emails and other documents that showed his client’s accusers were not credible. This strategy played a crucial part in the verdict Weinstein received.

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Choosing a Strategic Jury

Brafman selects the best jury for his client’s case. He tries to get a balanced jury by understanding the jury composition and it’s preconceptions. Then, in his jury selection, he tries to identify those who could be sympathetic to his client’s case and exclude jurors who couldn’t.

In the Martin Shkreli case, Brafman had to pick a jury that was likely to bring a fair verdict in the face of a strong negative public perception about Shkreli. He carefully analyzed the possible jurors and eliminated jurors who held unfavorable views of his client. The jury that ultimately decided the case seemed open- minded enough to sides with Shkreli resulting in a lesser sentence than what was expected.

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Strategic Cross-Examining

When it comes to cross-examination, Benjamin Brafman has a unique approach. He doesn’t cross-examine just to discredit the witness but instead seeks to persuade the jury to revisit the crucial evidence. He also maintains a respectful approach towards the witness to avoid eliciting sympathy from the jury.

In the Dominique Strauss-Kahn case, Brafman countered the prosecution’s argument that Strauss was guilty of sexual assault. He presented evidence that the witness could have had financial incentives to make their reporting and testimony. This strategy proved successful as the judge eventually dismissed the charges against Strauss.

Adapting to the Situation

Brafman remains adaptable to new developments that arise during the trial. He remains aware of the possible inconsistencies, flippant attitudes, or new evidence that the prosecution may present. He is focused, anticipates, and prepares beforehand for unexpected situations.

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In the Harvey Weinstein case, the prosecution sought to introduce two additional witnesses. Brafman was able to prepare for this by weakening their testimony and weakening their credibility. Consequently, the judge was inclined not to call them in for the trial, which was to the advantage of Brafman’s client.

Evidence Suppression

In some situations, Benjamin Brafman has sought to have evidence thrown out of a trial. When there is no other possible way to discredit the evidence or testimony, he will seek to get it excluded from the trial altogether. He will convince the judge that the evidence was obtained illegally or that the witness’s character is in doubt.

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In one of his cases, Brafman objected to the inclusion of chat messages as evidence on the grounds that it violated his client’s right to privacy. He argued successfully that these chats were irrelevant in the case, and the judge ultimately excluded the chat messages from the trial.

Public Relations Strategy

Finally, Brafman employs a public relations strategy that seeks to reduce public scrutiny and keep the media from negatively affecting the case’s outcome. He tries to avoid all- out media warfare and ensures his client’s messages do not leak to the media. This strategy aims to keep the public opinion neutral and allows the client to receive a fair trial.

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In the Harvey Weinstein trial, Brafman ensured that his client’s image didn’t further harm his client’s chances in the public eye. He advised Weinstein not to speak to the media, and that helped put his client on stronger footing.

Frequently Asked Questions

1. What is high-stakes trials?

High stakes mean that the result of a trial carries potentially devastating consequences for the defendant. It may lead to long-term prison sentences or other detrimental effects that can affect one’s livelihood, reputation, family, or personal freedom.

2. How does Benjamin Brafman build a solid defense?

He first carries out a thorough investigation of all the evidence in the prosecution’s possession, analyses them, and looks for ways to challenge their credibility or exclusion from the trial. His team also spends a considerable amount of time interviewing the witnesses and analyzing pertinent documents.

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3. How does Benjamin Brafman choose a strategic jury?

He tries to get a balanced jury by understanding the jury composition and its preconceptions. Then, in his jury selection, he tries to identify those who could be sympathetic to his client’s case and exclude jurors who couldn’t.

4. Does Benjamin Brafman cross-examine just to discredit the witness?

No. He seeks to persuade the jury to revisit the crucial evidence. He also maintains a respectful approach towards the witness to avoid eliciting sympathy from the jury.

5. How does Benjamin Brafman adapt to the situation during trial?

Brafman remains adaptable to new developments that arise during the trial. He is focused, anticipates, and prepares beforehand for unexpected situations.

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6. Why does Brafman seek evidence suppression?

When there is no other possible way to discredit the evidence or testimony, he will seek exclusion of the evidence altogether from the trial.

7. How does Brafman handle public relations?

Brafman employs a public relations strategy that seeks to reduce public scrutiny and keep the media from negatively affecting the case’s outcome. He tries to avoid all-out media warfare and ensure his client’s messages don’t leak to the media.

Conclusion

The criminal justice system demands the knowledge and expertise of a solid defense attorney to increase one’s chances for a favorable outcome. Benjamin Brafman’s defending strategies in high-stakes trials have proven successful, and his case records reinforce this. Winning high-profile cases is no easy task, and it requires a comprehensive strategy. Benjamin Brafman has mastered this strategy, and his success proves this.

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