Trial Advocacy The Closing Statement Created By Riley Wynkoop <3

Have a powerful introduction (the grab) Reintroduce theme Personalize view Take the emotional high ground

Explain Relevant Law Ally with the judge Establish burden of proof Acknowledge case elements Address evidentiary issues

Integrate trial testimony into the law Relevance of legal standard

Incorporate trial testimony into theme List Display demonstrative aids/exhibits

Strike Proper Emotional Tone Employ horizontal dialogue Persuasive style of speaking (Voice/Pause/Names) (Face/Hands/Body) Effective non-verbal communication Eliminate barriers to communication Inclusive language (13th Juror)

Use the tools of argument Use rhetorical questions Recall without rehashing Analogies, anecdotes, stories Appeal to common sense

“Prick the boil” Confront contrary evidence Integrate contrary evidence Deflect contrary evidence

Build credibility Honest and personal disclosure Recognize audience limits Exhibit passion and conviction Employ logic (“are as they seem”)

Closing sentence (may be modified version) “Ladies and gentlemen, the evidence shows and justice demands that you find the defendant guilty/not guilty.”

Deductions Blowing the first impression Thanking the jury Rehearsing the trial Exaggeration Misrepresentation Misstated evidence Vertical dialogue Informative speaking style Personalize your opponent Arrogance Communication barriers Complicate with excessive points Personal opinion Grandiose assertions Mention excluded evidence Mention testimony refusal Include bias Nullify the jury “Golden Rule” Passing on rebuttal Trivial objection

Relevant objections Improper argument Arguing jury nullification Improper comment on defendant’s refusal to testify (Immediate Mistrial) Irrelevant Unfairly prejudice Appeals to passion and prejudice Counsel is referring to inadmissible evidence