Top Ten Videos to watch

crime scene
Vote
Studio Portrait of Two Young Women Back to Back, One With a Tattoo
Mamie Till and Emmett Till
GOP Redistricting Plot To Unseat Rep. Corrine Brown Exposed
Protests Break Out In Charlotte After Police Shooting
'Keep the Vote Alive!' March Commemorates Civil Rights Act
White man shooting
Gun Violence Continues To Plague Chicago, Over 1,000 Shootings For Year To Date
HS Football
Gun Violence Continues To Plague Chicago, Over 1,000 Shootings For Year To Date
Police Line
US-POLITICS-OBAMA
2016 Republican National Convention
44th NAACP Image Awards - Show
MD Primary
Premiere Of OWN's 'Queen Sugar' - Arrivals
Democratic National Convention
US-VOTE-REPUBLICANS-TRUMP
Los Angeles Rams v San Francisco 49ers
US-POLICE-RACISM-UNREST
Protesters Demonstrate Against Donald Trump's Visit To Flint Michigan
President Obama Speaks On The Economy In Brady Press Briefing Room
Lil Wayne
Construction Continues On The National Museum of African American History To Open In 2016
Preacher Preaching the Gospel
Hillary Clinton Campaigns In Louisville, Kentucky
Miami Dolphins v Seattle Seahawks
US-VOTE-DEMOCRATS-CONVENTION
US-ATTACKS-9/11-ANNIVERSARY
Leave a comment

debra nelson travyon martin

For those watching the George Zimmerman trial, you have heard Judge Debra Nelson state that she was not going to allow any speaking objections. She has made that statement numerous times each day. Several readers have asked me to explain what a speaking objection is, so I will explain in terms easy to understand.

RELATED:Prosecution’s Best Evidence? Zimmerman’s Words: ‘These As*holes, They Always Get Away’

A speaking objection is an objection where the lawyer speaks a complete thought in an effort to either a) provide additional information to the jury that they should not have b) aggravate opposing counsel c) give additional information to the judge that they want the judge to know or d) all of the above at the same time. More than likely, it is “d,” all of the above.

RELATED: Rachel Jeantel: Trayvon Martin’s Friend Offers Riveting Testimony [VIDEO]

An objection is a lawyer’s way to prevent evidence or testimony from coming into a case that is not proper or not properly presented. Lawyers have ways of getting information into evidence for the jury to consider. However, if the evidence is not presented properly, then an objection should be made. Additionally, if the evidence is not allowable for the jury to consider then the lawyer can object to the evidence being admitted.

RELATED: Trayvon Martin’s Stepmother Speaks Out [VIDEO]

The proper way to object is for the attorney to say “Objection, based upon Rule____, “(he or she will state the rule which prevents the evidence from being entered). Or, the lawyer will state “Objection, hearsay, your honor.” Then the judge will either sustain or overrule. Sustained means the lawyer making the objection won the argument.

Overruled means the lawyer making the objection lost the argument.

A speaking abjection in the above reference would be “Objection, You Honor, Mr. O’meara is aware that Zimmerman changed his statement to the police twice” instead of the proper, “Objection Your Honor, Hearsay”

The speaking objection gives the jury additional information that they probably should not hear and provides the evidence in a case. It is quite common for lawyers to make speaking objections until the judge instructs them not to do so.

Eric L. Welch Guster is founder and managing attorney of Guster Law Firm in Birmingham, Ala., handling criminal and civil matters, catastrophic injuries, criminal defense, and civil rights litigation. Mr. Guster has become a go-to lawyer for the New York Times, NewsOne, NBC, CBS, ABC, FOX, Black  America Web, and various radio programs about various court issues and high-profile cases.

Follow Guster on Twitter @ericguster.

Also On News One:
comments – Add Yours