I Object

I Object was Originally Posted on April 16, 2013 by lavarock

I watch court tv shows of many types and styles.

First there are the “Court TV” type shows which are usually headed by a retired judge and are not necessarily a courtroom hearing. Rather they are binding arbitration in a courtroom venue. Imagine people gathering in a room with someone they have agreed can determine the outcome of a disagreement. The person/judge listens to each sides story and decides who is right. Oftentimes for TV, the parties are allowed to veer off topic and give testimony that does not pertain to the issue at hand. The judge will allow people to get off topic because they often will give information that helps in determining the final disposition.

I also have watched many TV movies which use creative license in court room drama.

When I worked in an office in a District Court house, I would sometimes slip into a courtroom to listen to cases.

I also have read many law preparation books with case histories to understand the law.

I have also watched real courtroom telecasts like the Menendez Brothers, Simpson trials and so on. I am currently watching the Jodie Arias trial.

On many of the real trials you will hear an objection to something said and you you may also hear a lawyer accuse the other lawyer of a “speaking objection”.

In a trial there are many reasons that a particular statement may be objected to. It may be that there has been no foundation to that line of questioning and thus makes no sense in the current discussion. Based upon the context, the lawyer may just say “I object” or “Objection” and the Judge would then make a decision as to whether the objection is justified or not. The Judge may as why the objection, or the lawyer may speak the objection up front, “Objection, calls for a conclusion of the part of the witness”. Some courts do not want the lawyers to speak an objection because it may unduly influence the jury. If a lawyer says “Objection, they are badgering the witness” may imply the witness is being “beaten up” by the others lawyers questions, when in fact, they may be handling the questions easily.

A Lawyer may also use an objection to steer his own witness on cross examination. If his witness looks to be in trouble answering a question, the lawyer may object such as “The witness has already answered that she doesn’t know” just as the person is about to contradict her own testimony.

Thus a “speaking objection” may describe too much to the jury or the witness and is not often allowed.