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1.
Have a Motions Strategy
Another Section is devoted to motions. This
motion section contains the Motions 2K10 update. It stresses the
importance not only of filing numerous motions, presenting substantial
evidence to support the motions, but additionally the importance of
using motions as an integral part of the advocacy systems being used.
Motions not only consume time -- a commodity that is rare with both
courts and prosecutors; moreover, as outlined below, they are essential
to conflictineering and the three other basic advocacy systems.
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| 2.
Bring Supporters to the Courthouse |
The dynamics
of the courtroom and the justice dispensed changes when the courtroom is
packed with supporters, including the client's family and as many others
as you can find.
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| 3.
Establish a Reputation for Being Litigious |
You must
establish a reputation of being an advocate that does not accept adverse
rulings. Discuss injustices with the media, attempt interlocutory
appeals or an ancillary action, such as jail conditions litigation.
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4.
Engage Community Leaders |
Involve
people in the community not normally in the criminal justice process to
contact the decision makers who can effect the disposition of your case.
The people can include a wide range of leaders, including, but not
limited to, both political and religious leaders.
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5.
Encourage the Media's Involvement |
Assuming the
offensive to gain some public support for your client is often
advisable. The media is often vital for the issues you have chosen for
the conflictineering events. If you fail to involve the media, the only
information about the case is going to be the prosecutor view of the
case which the media will obtain from law enforcement.
The
confrontation we are advocating can be direct or indirect, overt or
subtle, and need not involve open hostility. Confront the judge,
prosecutors, law enforcement officers and others about their own
weaknesses including their racial, sexual and other forms of
discrimination. This undermines the moral validity of their agenda.
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7.
Become Involved in Community Organizing |
Often, the
only power that the downtrodden have in our society is gained through
protest in the community. Support this type action to benefit a person
you represent.
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8.
There Can Be Numerous Other Ways To |
These
examples which enhance conflictineering are only a beginning. The
scope of effective conflictineering strategies is unlimited. There are
numerous specific acts that have been integrated and used while engaging
in conflictineering, but talking about specific acts missed the mark in
explaining the concept. For all of the ways conflictineering has
succeeded in the examples above, there are instances where it has failed
because of a poor understanding of the conflictineering concept.
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