Many of us think we know how a criminal trial works from what we see on TV, but real courtrooms are very different. There are a lot of myths about criminal defense trials that can lead to confusion or even fear about what might happen.
Understanding the truth behind these misconceptions can help us feel more prepared and confident if we ever need to face the legal system. By clearing up these common misunderstandings, we can make better decisions and avoid mistakes that may hurt our chances in court.
Presumption of Innocence and Burden of Proof
In criminal law, protecting the rights of the accused is a key part of every trial. Misunderstandings about these rules can lead to confusion about how the criminal justice system works to reach fair outcomes.
Presumed Innocent Until Proven Guilty
In our criminal justice system, every person charged with a crime is presumed innocent from the start. This means the accused does not have to prove their innocence in court. It is not the defendant’s job to provide evidence or explain anything unless they choose to.
This presumption stops anyone from being treated as a criminal just because they have been charged or arrested. It reminds us that a criminal defense does not need to prove anything unless they want to bring up a legal defense. We must not form opinions based on news stories, rumors, or police charges. A judge and jury must only make decisions using the evidence presented in court.
By making “innocent until proven guilty” a basic rule, the criminal justice system gives everyone a fair chance before judgment is passed. This applies to all criminal trials, no matter how serious the charge may be.
Reasonable Doubt Standard
The “reasonable doubt” standard means the prosecution must prove the accused’s guilt so clearly that a normal person would not have any reasonable doubts. This is the highest standard of proof used in our law and only applies in criminal trials.
If even one juror feels there might be a reasonable reason to question whether the accused committed the crime, then they must find the person not guilty. This is to protect us all from being wrongly convicted. Unlike other types of cases, like civil trials, criminal law makes sure that the risk of sending an innocent person to jail is as low as possible.
Reasonable doubt is not about every possible doubt or guessing. It is about looking at the facts and deciding if there is a real, logical reason to believe that the accused may not have done what they are charged with.
Burden of Proof on the Prosecution
In every criminal case, the burden of proof is always with the prosecution. Prosecutors must bring forward enough evidence to prove the accused’s guilt beyond a reasonable doubt. The defendant is never required to prove innocence.
If the prosecution cannot meet this burden, we must find the accused not guilty. This rule helps prevent unfair convictions and limits the power of the government over individuals.
| Who must prove guilt? | Prosecution |
|---|---|
| What standard is needed? | Beyond Reasonable Doubt |
| Defendant’s responsibility? | None, unless raising a defense |
Our criminal defense rights are protected by keeping the responsibility on the prosecution. This ensures every criminal trial is as fair as possible for everyone involved.
Misunderstandings About Legal Representation
Many people have incorrect ideas about what legal representation means in criminal court. Some believe all attorneys offer the same help, or that public defenders are less skilled than private lawyers. Others are unsure about their right to an attorney in the first place.
Role of Defense Attorneys
Defense attorneys have a specific and important job. Our role is to protect the rights of the accused and to make sure the trial is fair. We do not decide if someone is guilty or innocent. Instead, we defend against the government’s case and question the evidence.
Many think a criminal defense attorney only tries to get clients out of trouble. In reality, our duties include explaining charges, advising on options, building a defense, negotiating for lesser charges or better deals, and preparing for court if needed. We also ensure that law enforcement followed the correct procedures.
Key responsibilities of criminal defense lawyers:
- Investigate facts and gather evidence
- File motions to challenge improper actions
- Represent clients in court
- Advise on plea bargains and potential outcomes
We must keep everything our clients tell us confidential. This helps build trust and allows us to defend the case properly.
Public Defenders Versus Private Attorneys
A common belief is that public defenders are less qualified than private attorneys. In fact, public defenders are also licensed, trained, and experienced in criminal defense. They handle many cases and know the court system very well.
The key difference is that a private attorney is paid directly by the client, while a public defender is appointed by the court for those who cannot afford a lawyer. Some private attorneys may have smaller caseloads and more time for individual cases, but both types must provide effective legal representation.
We should not assume that a public defender cannot defend a case well. Many experienced criminal defense attorneys choose public service because they want to help people who need it most. Both public defenders and private attorneys are important for a fair justice system.
Right to Legal Counsel
Everyone charged with a crime has the right to legal counsel. This right is guaranteed by the Constitution and means a person must have an attorney during key parts of the process, like police questioning and trial.
People sometimes misunderstand when this right applies. The right to an attorney starts as soon as we face criminal charges or custodial questioning by police. If we cannot afford to hire an attorney, the court must provide a public defender at no cost.
Legal counsel is not just a privilege; it is a protection. Having a criminal defense lawyer helps make sure that our rights are protected and that we understand what could happen in our case. This right cannot be ignored or taken away without violating the law.
Confusion Over Constitutional Rights
Many people are unsure about what constitutional rights they actually have during a criminal case. There are several common misunderstandings about what we can expect from our Miranda Rights, the right to stay silent, and the Fifth Amendment.
Miranda Rights and Self-Incrimination
Miranda Rights are not automatically given at any arrest. Police are only required to read us our Miranda Rights when both custody and interrogation are present. If officers ask questions before reading these rights, answers may or may not be used, depending on the situation.
A lot of people believe every case is thrown out if Miranda Rights are not read. This is false. Only statements made after the required warning and questioning may be excluded, not entire cases. The right protects us from self-incrimination during questioning.
Key Facts:
- Miranda Rights protect us during police questioning
- Statements made before rights are read may still be used in some cases
- Not every case is dismissed for failing to provide a Miranda warning
Right to Remain Silent
We have the right to remain silent under the Constitution, but using this right is more complicated than it sounds. We must “invoke” our right clearly simply staying quiet may not be enough. We need to state directly that we want to remain silent or want a lawyer.
- Staying silent is not the same as invoking the right
- Once we invoke the right, police must stop questioning
- If we start speaking again, questioning can resume
If we do not clearly invoke our right, anything we say can still be used against us. It’s important to be clear and direct.
Fifth Amendment Protections
The Fifth Amendment protects us from self-incrimination, double jeopardy, and guarantees due process. In the context of a criminal case, the right not to testify or answer questions is a crucial part of these protections. We cannot be forced to testify against ourselves.
Jurors are not supposed to take a refusal to testify as evidence of guilt. However, this protection only applies to compelled testimony voluntarily made statements are not covered. We must understand when and how to “plead the Fifth” to use this protection.
| Protection | What It Means | Limits |
|---|---|---|
| Self-Incrimination | Cannot be forced to confess | Voluntary statements |
| Double Jeopardy | No second trial for same crime | Exceptions exist |
| Due Process | Fair legal procedures | Case specific |
Plea Bargaining and Guilty Pleas
Many criminal cases do not go to trial. Instead, they end through plea bargaining. When defendants agree to plead guilty, it can lead to reduced charges or lighter sentences, but there are important limitations and consequences.
Plea Bargain Versus Trial
In a plea bargain, we negotiate with the prosecution to settle the case before trial. This means the defendant agrees to plead guilty, usually to a lesser charge or for a lighter sentence. The prosecution often offers a deal because it saves time and resources.
Unlike a trial, a plea bargain does not require the prosecution to prove guilt beyond a reasonable doubt. We give up the right to a trial by jury, the chance for cross-examination, and the opportunity to challenge evidence in court. It is a voluntary process, and the judge must still approve any agreement.
Defendants sometimes feel pressure to accept a plea deal, even if they did not commit the crime, to avoid harsher penalties if found guilty at trial. We need to fully understand the terms and lasting effects before choosing this path.
Consequences of a Guilty Plea
A guilty plea is more than just admitting guilt. We accept the criminal record and its impact. Some may think they can “take it back” if they regret it later, but guilty pleas are very hard to undo.
Once we plead guilty, we lose the right to remain silent, the right to a trial, and the right to appeal most issues. Depending on the charge, consequences can include loss of voting rights, trouble finding a job, or even deportation. A guilty plea may also have social and financial effects that last for years.
Certain rights and options become limited once a plea is entered. It is important that we ask the court and our lawyer about all possible outcomes before accepting any plea.
Myths About Reduced Charges
Many believe that a reduced charge means little or no punishment. This is not true. Even with reduced charges through plea bargaining, we often still face penalties like jail time, probation, or fines.
| Myth | The Truth |
|---|---|
| Pleading to a lesser charge erases the conviction | The conviction still appears on our record |
| Probation means no real punishment | Probation has strict rules and violations can mean jail |
| Reduced charges always mean no jail time | Some charges have minimum sentences, even when reduced |
A plea bargain is not a “free pass.” We must know what any reduced charge really means before agreeing. The full details should be clear to us, and we should ask questions until we fully understand.
Role and Process of Criminal Trials
Criminal trials are formal processes where the guilt or innocence of the accused is determined. Understanding the differences between types of trials, how juries are guided, and the steps in criminal proceedings clears up many common misunderstandings.
Jury Trials Versus Bench Trials
In criminal cases, we can have either a jury trial or a bench trial. A jury trial uses a group of regular people, called jurors, who listen to the evidence and decide the verdict. In contrast, a bench trial is decided by a judge alone.
Many think jury trials are automatic, but not every case has a jury. Defendants can often choose a bench trial, especially if the law allows it or if they think a judge will be fairer in their situation.
| Jury Trial | Bench Trial |
|---|---|
| Verdict by jury | Verdict by judge |
| More time required | Usually faster |
| Jury instructions needed | No jury instructions |
| Often used in serious cases | Common for minor offenses |
Our choice between these options can shape the trial’s length, cost, and outcome.
Common Misconceptions About Jury Instructions
Jury instructions are the rules and explanations a judge gives the jury before they decide the case. Some people think jury instructions are just suggestions, but they are actually legal orders. Jurors must follow these directions closely and use them to guide their decision.
It’s a mistake to believe that jurors can use outside information or personal feelings when deciding a verdict. The instructions tell jurors exactly what laws apply and what evidence they can consider. Ignoring these instructions or basing a verdict on anything else is not allowed.
We should be aware that clear, accurate jury instructions help ensure a fair trial. Judges are careful to explain things fully, but legal language can still be confusing for jurors.
Understanding Criminal Proceedings
Criminal proceedings start long before the trial. The process usually begins with an arrest, followed by an arraignment where charges are read. The accused (defendant) then enters a plea of guilty or not guilty.
Next, both sides gather evidence and exchange information. This stage is called discovery. Many cases end in plea deals before reaching trial.
If the case goes to trial, the process includes opening statements, witness testimony, cross-examinations, and closing arguments. After the trial, the verdict is announced, and if found guilty, the case moves to sentencing.
Each step is designed to protect rights and ensure justice is done. These steps do not happen all at once, and some can take weeks or even months to complete.
Discovery, Evidence, and Legal Strategy
Understanding how discovery works, what counts as important evidence, and how defense attorneys plan their legal strategy helps us see how criminal trials actually develop. Let’s look at the basic rules and clear up some common errors in thinking.
Exculpatory Evidence
Exculpatory evidence is any information that can help show the defendant is not guilty. Prosecutors must share this evidence with the defense under the law. This is known as the Brady rule.
A common misconception is that the government can choose what to hold back. In reality, hiding exculpatory evidence can lead to a mistrial or dismissal of charges. Defense attorneys carefully review all evidence to look for anything that may help their client.
We must also remember that exculpatory evidence can be something very simple, like a text message or video. It does not have to be complicated or dramatic.
Discovery and Investigations
Discovery is the legal process where both sides share information before trial. Many people believe that all evidence is always given to the defense automatically. While the law requires sharing important evidence, sometimes information may be missed unless defense attorneys ask for it.
There are rules about what evidence must be shared, and what can be kept private, such as the work product of attorneys. Defense lawyers often file specific requests, called motions, to get police reports, witness statements, physical evidence, and more.
Investigations also do not stop once charges are filed. Attorneys often interview witnesses, visit crime scenes, or call in experts to find new evidence that may change the direction of a case.
| Type of Evidence | Given to Defense? |
|---|---|
| Police Reports | Yes |
| Witness Statements | Yes |
| Physical Evidence | Yes |
| Attorney Notes | Usually No |
Legal Strategy Misconceptions
Some people think defense attorneys always use the same strategy for each case. In fact, legal strategy is very different depending on the facts and evidence.
We often hear that the defense must “prove” their client is innocent. This is not true. The burden is on the prosecution to prove guilt beyond a reasonable doubt. Our main strategy may involve challenging how evidence was collected or questioning the reliability of witnesses.
It’s also not true that telling one’s story is always the best move. Sometimes it is smarter not to have the defendant testify. Each case calls for a unique plan built from the evidence and law.
Misconceptions About Rights and Pretrial Motions
People often confuse how rights are protected before a trial starts. There are also many wrong ideas about what the law really requires for cases to move forward.
Role of Pretrial Motions
Pretrial motions are requests we make to the court before the trial begins. Many of us believe these are only used to delay or stop trials. In fact, pretrial motions help shape the trial by deciding what evidence can be used and which laws will apply.
Common pretrial motions include:
- Motion to suppress evidence: We might ask to exclude evidence obtained without a warrant.
- Motion to dismiss: If the charges do not follow the law, we ask the court to drop them.
- Motion to change venue: We can move the trial if we think the local jury cannot be fair.
Pretrial motions let us protect the defendant’s rights early in the process. They do not guarantee a case will be thrown out. Instead, they give both sides clear rules before trial starts.
Probable Cause Requirements
Some people think police need proof “beyond a reasonable doubt” before making an arrest. That is not true. For an arrest or a search warrant, police only need probable cause. Probable cause means there is a reasonable belief that a crime happened and the person was involved.
A judge reviews police statements, reports, and sometimes witness accounts to decide if there is enough probable cause. This process protects against random arrests but does not mean the person is guilty. A lower standard is used before trial, and the higher standard proof beyond a reasonable doubt is only needed to convict someone at trial.
| Stage | Standard Required |
|---|---|
| Arrest/Search | Probable Cause |
| Conviction | Beyond a Reasonable Doubt |
Understanding these standards helps us know what police and courts can and cannot do at each step.
Common Errors About Outcomes and Appeals
Many people misunderstand what happens after a verdict in criminal cases. Some think every error leads to a new trial, while others believe appeals guarantee reversal of a conviction.
Wrongful Convictions and Procedural Errors
We often hear that wrongful convictions always mean someone broke the law during the trial. In reality, some wrongful convictions result from honest mistakes or unreliable evidence.
Procedural errors can also occur, such as the wrong instructions to the jury or evidence not admitted properly. However, not every mistake is enough to overturn criminal charges. Courts usually ask if the error made a real difference in the outcome.
Key Points to Know:
- Not all mistakes count as grounds for appeal
- Only serious, outcome-changing errors matter
- Wrongful convictions are sometimes due to unclear or weak evidence
Many people mix up legal guilt with factual innocence. Someone can be found legally guilty by mistake even if they are factually innocent, especially if there were procedural errors during the trial.
Understanding the Appeals Process
Appeals are not a “do-over” of the trial. On appeal, we cannot argue the same points made to the jury or provide new evidence. Instead, appeals focus on legal mistakes, such as misapplied laws or serious rule violations.
The appeals court reviews trial records and written arguments. Our chances of success depend on proving an error changed the trial’s outcome. Most convictions are not overturned on appeal because courts often find any mistakes were minor.
| Myth | Fact |
|---|---|
| Every convicted person can get a new trial | Only certain errors allow new trials or sentence changes |
| Appeals always mean a second chance | No new evidence or witnesses; only legal issues are reviewed |
An appeal is not automatic proof of innocence. It’s a review about serious legal errors, not simply an unhappy outcome.
Pervasive Myths About Bail, Fines, and Minor Offenses
Many people misunderstand how bail, fines, and minor offenses work in the criminal legal system. We often see confusion about who can get bail, how fines are set, and what counts as a “minor” crime.
Myths Surrounding Bail
A common myth is that bail is always available for anyone facing criminal charges. In reality, judges decide if bail is allowed based on the seriousness of the charges and the risk of flight. Some offenses, like violent felonies, may lead to bail being denied.
Another misconception is that paying bail means a person is innocent or gets special treatment. Paying bail only allows someone to be released before trial while waiting for their court date. It does not affect whether someone is found guilty or not.
Some of us think bail amounts are always fair or standard. In truth, bail can be very high even for minor offenses, depending on the judge and the case details. Sometimes, people are even held for days or weeks because they cannot afford bail, even if the charges are not severe.
Key facts about bail:
- Not guaranteed for all charges
- Amounts vary by judge, crime, and location
- Paying bail does not end criminal proceedings
Fines and Minor Offense Misunderstandings
It’s a myth that fines for minor offenses are always low or affordable. Judges can set fines based on local policies, the details of the offense, and even for simple misdemeanors the amounts might be much higher than expected.
Another misunderstanding is that minor offenses are not serious or have no lasting effects. Even a minor criminal charge, like a traffic offense or petty theft, can lead to a permanent record, time in jail if fines are unpaid, and trouble with employment or housing.
Some of us believe fines can always be paid in small installments, but that’s not always how courts work. Payment plans can be denied, and unpaid fines can result in extra fees, license suspension, or even arrest warrants.
| Myth | Reality |
|---|---|
| Minor fines are always low | Fines can be high and difficult for many to pay |
| Minor crimes don’t matter | Even small offenses can have lifelong consequences |
Special Situations: DUI, Domestic Violence, and More
Some trial procedures depend on the exact charges involved. DUI cases and domestic violence or sexual assault trials often include different legal steps, rules, and protections compared to other criminal cases.
DUI, DWI, and Their Procedures
DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) charges often start with a traffic stop. Police may use field sobriety tests or a breathalyzer to collect evidence. Many of us think a failed test means an automatic conviction, but evidence can be challenged in court.
Key steps in these trials include:
- Challenging Tests: The accuracy of breathalyzers and field tests can be disputed.
- Probable Cause: We can question if the officer had a legal reason to make the stop.
- License Issues: Drivers might face both court charges and separate license suspensions from the DMV.
Judges may allow certain evidence or procedures that are unique to DUI or DWI cases. Sentencing rules can also be stricter for repeat offenders.
Domestic Violence and Sexual Assault Trials
Domestic violence and sexual assault trials are handled carefully due to the sensitive nature of these crimes. The court may use protective orders to separate the victim from the accused before trial. Witnesses and evidence are often confidential.
Some myths suggest victims must testify in open court, but sometimes testimony can be given via video or with privacy protections. Evidence rules can also be different, especially about prior actions or behaviors.
Trials often include support for victims and extra steps to protect their rights. Both the accused and the alleged victim have special rights during these trials, and juries may be selected with special rules to ensure fairness.
Alternative Approaches and Expungement
Sometimes, a criminal case may be resolved in ways other than a traditional trial or plea agreement. Other times, steps can be taken after conviction to help clear a person’s criminal record.
Alternative Dispute Resolution in Criminal Law
Alternative Dispute Resolution (ADR) in criminal law includes options like pretrial diversion and restorative justice. These programs let some people avoid a formal conviction by meeting certain conditions, like community service, counseling, or paying restitution.
We often see ADR used for minor, nonviolent offenses. ADR rarely applies to serious crimes. These programs give offenders a chance to accept responsibility and make amends. Restorative justice sometimes brings together victims, offenders, and the community to talk about the harm caused and to agree on a resolution.
Choosing an ADR option does not mean a person is not responsible, but it can help reduce the long-term effects of a conviction. Each option has its own rules, and not everyone qualifies. We should review eligibility carefully, as successful completion can mean charges are dismissed.
| Type | Main Features |
|---|---|
| Pretrial Diversion | Avoids conviction with requirements |
| Restorative Justice | Focuses on repair, often involves all parties |
| Deferred Prosecution | Delays charges, often with supervision |
Post-Conviction Expungement
Expungement is a legal process that lets us ask the court to erase or seal certain criminal records. Laws on expungement are different in every state. For many, expungement helps remove barriers to jobs, housing, and education caused by criminal records.
In most cases, only some offenses, usually nonviolent ones, can be expunged. Serious crimes like violent felonies and offenses against children are usually not eligible. Expungement is not automatic. We need to file a specific request, sometimes called a petition, and may need to meet waiting periods and other requirements.
Expunged records are often hidden from public view. However, some government agencies can still see them. It’s important to follow the local law and understand what an expungement can and cannot do before starting this process. If the court grants expungement, we may legally say the record no longer exists in many situations.
Common Myths About Defendant Behavior and Rights
People often misunderstand what a defendant can and cannot do during a criminal trial. Common myths about self-representation, legal defenses such as self-defense and entrapment, and the meaning of a not guilty verdict can cause confusion for everyone involved.
Representing Yourself in Court
Many believe anyone can represent themselves in court successfully. This is called “pro se” representation. While it is legally allowed, most of us don’t have the training or experience needed to navigate the complexities of the justice system.
Some think judges or prosecutors will help us if we represent ourselves. This is false. Judges must stay neutral, and prosecutors represent the state, not the defendant. We have to follow the same rules as lawyers, including legal procedure, evidence, and court decorum.
Defending ourselves can lead to mistakes such as missed deadlines, improper questions, or failure to object. These errors may greatly hurt our chances of a fair trial. Having qualified legal defense is crucial unless we fully understand the risks and requirements.
Self-Defense and Entrapment
Two common defenses in criminal cases are self-defense and entrapment. Many people believe self-defense always leads to acquittal, but that is not true. We must prove that we genuinely believed we were in danger and that our response was reasonable and necessary. Each state may define self-defense rules differently.
Entrapment is also misunderstood. Some think if law enforcement suggests or provides an opportunity for us to commit a crime, we are not responsible. Actually, we have to show that the government induced us, and that we were not already willing to commit the crime. The burden of proof for entrapment is high.
| Defense | What’s Required |
|---|---|
| Self-Defense | Honest belief in danger; reasonable response |
| Entrapment | Government induced action; no prior willingness |
These defenses are not automatic and should be used only with a clear understanding of the law.
Misconceptions About Not Guilty Verdicts
A not guilty verdict is often misunderstood. Some believe it means the defendant was found innocent. In fact, it means the prosecution did not prove guilt beyond a reasonable doubt.
This distinction is important. A not guilty verdict does not erase the charges or declare that nothing happened. It only means there was not enough evidence for a conviction. We should also note that “not guilty” does not guarantee the defendant is cleared in other settings, such as civil court.
Understanding the real meaning helps set the right expectations about trial outcomes and the rights of the accused.
Impact of Legal Advice and Counsel
Legal advice shapes our understanding of criminal trials and helps us avoid common misunderstandings. When we talk to a criminal defense attorney, we get accurate answers for our own situation, not just general info.
Value of Professional Legal Advice
A criminal defense attorney studies the law and court procedures for years. By working with one, we can understand our rights, possible defenses, and the steps in a trial.
Lawyers explain rules for evidence, courtroom behavior, and ways to challenge the prosecution. This keeps us from making costly mistakes, like talking to police without knowing the risks.
| Area | How a Lawyer Helps |
|---|---|
| Rights Protection | Stops unfair questioning |
| Strategy | Builds a defense plan |
| Evidence | Knows what evidence to use |
| Procedure | Prevents missed deadlines |
Having a lawyer also means we have someone on our side who can speak for us in court and negotiate with the prosecutor.
Risks of Relying on Misinformation
Listening to friends, internet posts, or TV shows about criminal defense can be risky. Misinformation can cause us to miss important deadlines, misunderstand our rights, or reject helpful plea offers.
For example, it is a common myth that refusing to answer police questions always protects us. Without proper legal advice, we might talk or act in ways that harm our case.
Risks include:
- Missing court dates
- Using the wrong defense strategy
- Waiving rights by accident
- Trusting unreliable sources
When we rely on incorrect information instead of a criminal defense attorney, we increase the chance of unwanted outcomes in court. It is best to get facts directly from trained professionals.
Factors Affecting Case Outcomes
Many things can change the result of a criminal case. Details about the defendant’s life and actions, as well as past decisions by other courts, both play a major role.
Mitigating Factors and Sentencing
Mitigating factors are details that might make a judge give a lighter sentence. These can include the defendant’s age, mental health, lack of criminal history, or if they took responsibility. If someone helped the police, showed true regret, or even had a tough background, these points can be considered.
Courts look at these factors to decide if the punishment should be less severe. For example:
| Mitigating Factor | Possible Effect |
|---|---|
| No prior crimes | Lighter sentence |
| Young age or poor mental health | Alternative programs offered |
| Cooperation with authorities | Reduced prison time |
| Role was minor in the crime | Fines or probation instead |
The court does not have to accept these reasons, but they must consider them. We need to provide as much proof as possible about these facts to give our client the best chance.
Influence of Legal Precedents
Legal precedents are past court decisions that shape how current cases are handled. Judges look at how similar situations were decided before, especially by higher courts. This helps keep the law fair and consistent.
If an earlier case set a rule, we may use it to defend our client or ask for a certain outcome. Sometimes, there might be more than one precedent, or the facts may not be exactly the same. In those cases, it’s important to show why our case matches or stands apart from those older cases.
We should know which precedents help our client and be ready to explain why others do not apply. Judges rely on these as guides, but every detail about our case still matters.
