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Overview
Trial Lessons From the Infamous Case
In what may be known as the trial of the 19th Century, Lizzie Borden was tried for the double murder of her father and stepmother. Newspapers from across the Country covered this sensational crime. A famous ditty of dubious veracity said:
Lizzie Borden took an axe,
And gave her mother forty whacks,
When she saw what she had done,
She gave her father forty-one.
In truth, the Bordens only received 29 whacks, not the 81 suggested by this famous poem. But the defense would have to rely on more than a mathematical error if it hoped to save Lizzie from a guilty verdict. The story of this trial, rooted in the last decade of the 1800’s, involves an understanding of trial techniques and constitutional protections that exist even to this day. By the end, you will have to grapple, as the attorneys did then, with implicit sex biases, limitations of circumstantial cases, and more. In the end, was justice done? Register today!
This program is being designed in conjunction with attorney Joel Oster, Comedian of Law and True Crime Podcaster.
Abbreviated Agenda
- Background Facts of the Murder
- Key Players
- Suspects
- Location, Timing, and Details of the Murder
- Key Trial Moments
- Inquest: Witnesses, Key Moments, Outcome
- Trial Witnesses
- Evidence
- Examples of Brilliant Cross Examination
- Motion to Exclude Lizzie's Inquest Testimony Based on Lack of Counsel
- Prosecution's Theory
- Defense's Theory
- Trial Takeaways and Discussion
- Are Trials Designed to Find the Truth of What Happened, or to Allow for a Fair Process to Unfold?
- Constitutional Guarantees of Due Process, Including Right to Counsel, Rights Against Unreasonable Searches and Seizures, Exclusionary Rules of Evidence and the Prosecution's Burden
- Brilliant Cross Examination Tips Evidenced During the Trial
- Did Implicit Gender Biases Play a Role in the Verdict?
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Alaska CLE |
|
1 Total | 10-15-2026 |
| Alabama CLE |
|
1 Total | 12-31-2025 |
| Arkansas CLE |
|
1 Total | 06-30-2026 |
| Arizona CLE |
|
1 Total | 10-15-2026 |
| California CLE |
|
1 Total | 10-15-2026 |
| Colorado CLE |
|
1 Total | 12-31-2026 |
| Connecticut CLE |
|
1 Total | 10-15-2026 |
| Delaware CLE |
|
1 Total | 10-15-2026 |
| Florida CLE |
|
1 Total | 04-30-2026 |
| Georgia CLE |
|
1 Total | 12-31-2025 |
| Hawaii CLE |
|
1 Total | 10-15-2026 |
| Idaho CLE |
|
1 Total | 10-15-2029 |
| Illinois CLE |
|
1 Total | 10-14-2026 |
| Kentucky CLE |
|
1 Total | 06-30-2026 |
| Maine CLE |
|
1 Total | 10-14-2026 |
| Minnesota CLE |
|
1 Total | 10-15-2026 |
| Missouri CLE |
|
1.2 Total | 10-15-2026 |
| Northern Mariana Islands CLE |
|
1 Total | 10-15-2026 |
| Mississippi CLE |
|
1 Total | 07-31-2026 |
| Montana CLE |
|
1 Total | 10-15-2027 |
| North Carolina CLE |
|
1 Total | 02-28-2026 |
| North Dakota CLE |
|
1 Total | 10-15-2027 |
| Nebraska CLE |
|
1 Total | 10-15-2026 |
| New Hampshire CLE |
|
1 Total | 10-15-2027 |
| New Jersey CLE |
|
1.2 Total | 08-21-2026 |
| New Mexico CLE |
|
1 Total | 10-15-2026 |
| Nevada CLE |
|
1 Total | 10-15-2027 |
| New York CLE |
|
1 Total | 10-15-2027 |
| Oklahoma CLE |
|
1 Total | 10-15-2026 |
| Oregon CLE |
|
1 Total | 10-15-2027 |
| Pennsylvania CLE |
|
1 Total | 10-15-2026 |
| Rhode Island CLE |
|
1 Total | |
| South Carolina CLE |
|
1 Total | 12-31-2025 |
| Tennessee CLE |
|
1 Total | 10-14-2026 |
| Texas CLE |
|
1 Total | 08-31-2026 |
| Utah CLE |
|
1 Total | 12-31-2025 |
| Vermont CLE |
|
1 Total | 10-15-2026 |
| Washington CLE |
|
1 Total | 10-14-2029 |
| Wisconsin CLE |
|
1 Total | 12-31-2025 |
| West Virginia CLE |
|
1.2 Total | 10-15-2026 |
Select Jurisdiction
CLE
Agenda
-
True Crime CLE: Lizzy Borden Trial
- Background Facts of the Murder
- Key Players
- Suspects
- Location, Timing, and Details of the Murder
- Key Trial Moments
- Inquest: Witnesses, Key Moments, Outcome
- Trial Witnesses
- Evidence
- Examples of Brilliant Cross Examination
- Motion to Exclude Lizzie's Inquest Testimony Based on Lack of Counsel
- Prosecution's Theory
- Defense's Theory
- Trial Takeaways and Discussion
- Are Trials Designed to Find the Truth of What Happened, or to Allow for a Fair Process to Unfold?
- Constitutional Guarantees of Due Process, Including Right to Counsel, Rights Against Unreasonable Searches and Seizures, Exclusionary Rules of Evidence and the Prosecution's Burden
- Brilliant Cross Examination Tips Evidenced During the Trial
- Did Implicit Gender Biases Play a Role in the Verdict?
- Background Facts of the Murder
Who Should Attend
This true-crime legal course is designed for attorneys. Paralegals and legal staff will also benefit.
Speakers
Speaker bio
Joel L. Oster
is a litigator, national speaker, podcaster and stand-up comic. He is in private practice specializing in constitutional law, appellate advocacy, and attorney ethics. Mr. Oster regularly litigates First Amendment issues and has been lead counsel on two cases that ended up in the U.S. Supreme Court. He has argued a case before the United States District Court for the Western District of New York and the Second Circuit and was part of a legal team that successfully defended a case in the U.S. Supreme Court. He's also prevailed as lead counsel in defending a case before the U.S. Court of Appeals for the Eighth Circuit. Mr. Oster has spoken to thousands of attorneys across the United States and brings their combined practical perspectives to his seminars. He has presented at numerous bench and bar conferences and co-hosts the podcast DeBriefing the Law with Chris Marohn. The podcast covers current legal news and true crimes using their brand of humor. From the Supreme Court to O.J. Simpson, no legal topic is off-limits. Most importantly he is also a stand-up comic. Even though he has argued before numerous appellate courts, including Judge Calabresi of the Second Circuit, he said nothing compares to the nerves of trying to make a room full of drunk college kids laugh. He headlined the comedy tour "Presumed Funny" which featured random musings about the legal profession. Mr. Oster earned his J.D. degree from the University of Kansas School of Law. He is admitted to the bar in Kansas, Missouri, Florida and numerous federal courts.
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