CLOSING ARGUMENTS Introduction Issues Theory/Story Basis of Guilt/Innocence Jury Instructions Refuting the other side Conclustion

Introduction Get right to the point Jurors want to hear what you want and why you are entitled to what you want Keep their attention Start with your theme

Jury Instructions What are the elements of the law? How did you prove/case doubt on those elements? Example: Ladies and Gentlemen, we had to prove the defendant is guilty of trafficking marijuana and was predisposed to do so. This is not a case of entrapement.

Example “The case is about a tragedy. That’s because when the police fail to do their job, when they fail to do a thorough investigation, when they take shortcuts, the wrong person can stand accused of a crime he didn’t commit. That’s a tragedy, and it’s a tragedy that started for Bobby Abrams at 8pm that August night.”

Issues What is in dispute between each side? State it in a way that the answer should be obvious and then answer it anyway Example Folks, there’s only one issue in this case. Its simply this: Was the defendant negiligent when he drove his car and crashed into Mrs. Smith’s car? The answer is obvious, the defendant was negligent.

Example “The prosecution would like you to believe that the only issue is whether Frank shot and killed Jackson. But that’s not the issue here. The real issue is this: Did the prosecution disprove, beyond a reasonable doubt, that Frank was not entitled to defend himself against Jackson’s assault? They haven't been able to disprove this, because its simply true

What really happened? Story/Theory Don’t spend any time on undisputed facts Focus on key disputed facts Focus on three kinds of controlling issues. Elements of required proof/burden of proof What inferences can be drawn from evidence What do the facts mean? Focus on Witness credibility Who do you believe

Use the witness testimony to tell the story

Basis of Guilt/Innocence Sum up why the facts force the conclusion that it happened the way you claim Example:

Conclusion Restate your theme Request a verdict