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Embracing the Suck: Voir Dire in Sexual Assault Cases

This program tackles one of the most uncomfortable—and unavoidable—realities of defending sex offense cases: talking honestly with jurors about sex, fear, bias, and emotionally charged allegations. It teaches defense lawyers to stop running from the hardest facts and instead “embrace the suck” by openly acknowledging the charges, the language, and the witnesses that instinctively trigger juror reactions. By treating voir dire as a real human conversation rather than a scripted performance, the program shows how leaning into discomfort builds credibility and diffuses the emotional power of the accusation before evidence is ever heard.

 

Criminal defense lawyers who watch this program will learn how to conduct jury selection the way effective communication actually works in the real world. Drawing on principles of psychology and conversational dynamics, the program explains how social distance, authority, legal jargon, and fear of “bad answers” shut jurors down and prevent honest disclosure. It provides practical techniques for reducing that distance—using open-ended questions, appropriate self-disclosure, silence, reflection, and genuine listening—so jurors feel safe sharing their true beliefs about sex, consent, children, credibility, and false accusations. This approach helps lawyers identify dangerous jurors while empowering fair-minded jurors to speak openly and take ownership of the law.

 

The program also delivers a clear, repeatable structure for voir dire in sex cases that defense lawyers can apply immediately. It teaches how to identify the aspects of a case that create fear, explore those fears honestly with jurors, honor jurors’ reactions without judgment, and use those conversations to frame reasonable doubt. Lawyers will learn how to discuss explicit language, child witnesses, and allegations of rape or molestation without alienating the jury or appearing defensive. By replacing avoidance with authenticity, this program equips criminal defense attorneys to select better juries, maintain credibility in emotionally charged trials, and protect the presumption of innocence where it is most at risk.

Richard Kammen

During his active practice, Richard Kammen was one of the top criminal defense lawyers in Indiana and a nationally recognized expert in defending homicide and capital cases. He also defended numerous white-collar and other complex cases. He graduated from Ripon College cum laude in 1968 and New York University School of Law in 1971. Admitted to the Bar in 1971, he began his practice after service in the United States Army. During his professional career, Mr. Kammen has served as a public defender in the Marion County Courts on two occasions, 1972-1974 and 1978-1979. Now semi-retired, Mr. Kammen still consults with members of the firm as well as with lawyers throughout the United States. He is also an author and his first novel, Tortured Justice Guantanamo Bay was published in the spring of 2023. His second novel, Tortured Justice South Carolina will be published in early 2024. Mr. Kammen was routinely appointed by the United States District Courts to represent capitally charged defendants throughout the United States.

CLE State Accreditation
  • General 1.00
  • General CLE-HI: 1.00
  • General CLE-SD: 1.00
  • General CLE-NY: 1.20
  • General CLE-CA: 1.00
  • General CLE-IL: 1.00
  • General CLE-AK: 1.00
  • General CLE-MD: 1.00
  • General CLE-VT: 1.00
  • General CLE-MA: 1.00
  • General CLE-DC: 1.00
  • General CLE-ND: 1.00
  • General CLE-OR: 1.00
  • General CLE-WA: 1.00
  • General CLE-CT: 1.00
  • General CLE-NH: 1.00
  • General CLE-FL: 1.20
  • General CLE-VI: 1.00
  • General CLE-AZ: 1.00
CLE State Accreditation:
  • General 1.00
  • General CLE-HI: 1.00
  • General CLE-SD: 1.00
  • General CLE-NY: 1.20
  • General CLE-CA: 1.00
  • General CLE-IL: 1.00
  • General CLE-AK: 1.00
  • General CLE-MD: 1.00
  • General CLE-VT: 1.00
  • General CLE-MA: 1.00
  • General CLE-DC: 1.00
  • General CLE-ND: 1.00
  • General CLE-OR: 1.00
  • General CLE-WA: 1.00
  • General CLE-CT: 1.00
  • General CLE-NH: 1.00
  • General CLE-FL: 1.20
  • General CLE-VI: 1.00
  • General CLE-AZ: 1.00