Start Date: 6/30/2021 12:15 AM EDT
End Date: 6/30/2021 11:45 PM EDT
Venue Name: Virtual via Zoom
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Supporting Motions to Sever with Science
1.0 Total CLE Hrs
Presented by R. Cortlandt Heroy
Joinder exists in over half of criminal cases and there is overwhelming research from the past 40 years that finds that the simple act of joining charges/cases together in a single charging instrument results in conviction rates increasing 10-15%. Severing these charges is the only effective way of mitigating the increase to conviction rates, however, motions to sever are very seldom granted. Motions to sever are generally made on legal and rhetorical grounds, however, there is significant and overwhelming evidence in the research literature that joinder has a substantial prejudicial impact on defendants that is infrequently cited in motions. This CLE teaches attorneys about what attorneys have been doing in Oregon, which is to combine the written motion to sever with an evidentiary hearing in which we present the research to the court and explain precisely the degree to which joinder is detrimental and how the traditionally used remedy of judicial limiting instructions is insufficient.
is the owner of Heroy Consulting, a trial and client management consulting firm in Eugene, OR. Cort has over 15 years direct experience decoding problematic client behaviors and uncovering hidden motivations. Cort has provided jury selection, mock jury, focus group, and theme development services in measure 11 criminal cases as well as on both sides of the aisle in civil cases. In addition to his trial consulting work, Cort frequently testifies as an expert witness in motions to sever and motions in limine hearings. He frequently gives CLEs to local bar associations and Universities on subjects related to the intersection of psychology and trial law, and is building and about to launch a 2-month long course on the experience of juries for the National Association for Public Defense. Cort also serves as a member of the board of directors for the American Society of Trial Consultants. When not working, Cort can be found acting as tech support for his wife and two children, cheering for his beloved Cleveland Browns, or at the poker table, where he considers himself an expert, as he can lose money in any number of games.
Cort has a bachelor’s degree in psychology from Davidson College, a master’s degree in clinical psychology from the American School of Professional Psychology, and is currently an “all but dissertation” PhD Candidate with the Chicago School of Professional Psychology. Cort’s dissertation and research focus is on the impact of accountability on conviction rates in joined criminal trials.
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