Closing Arguments Saving the Best for Last

Purpose of Closing Arguments This is your one chance to be an advocate. This is your one chance to be an advocate. This is the conclusion to the trial – your chance to pull together your theory, theme, and the facts This is the conclusion to the trial – your chance to pull together your theory, theme, and the facts Use it to evoke a single conception of events Use it to evoke a single conception of events

Limits on Closing Arguments You may only argue based on evidence that you have actually admitted You may only argue based on evidence that you have actually admitted If you didn’t get the evidence in, you can’t argue what it shows in your closing argument. If you didn’t get the evidence in, you can’t argue what it shows in your closing argument. Use your closing as a checklist of the evidence you have to get in during trial. Use your closing as a checklist of the evidence you have to get in during trial.

Closing Argument MUSTS Use your theory and theme: Remind the jury what your side thinks happened Use your theory and theme: Remind the jury what your side thinks happened Argue for the verdict: Use the evidence you’ve presented and connect it to the verdict you want Argue for the verdict: Use the evidence you’ve presented and connect it to the verdict you want Avoid impermissible arguments: Only make arguments based on the evidence you’ve introduced. Avoid impermissible arguments: Only make arguments based on the evidence you’ve introduced.

Using your theory and theme Tell the jury why your client is entitled to the verdict that you want Tell the jury why your client is entitled to the verdict that you want It’s your last chance to tell your side’s version of the story. It’s your last chance to tell your side’s version of the story. Theme should be logical and believable Theme should be logical and believable –EX: Jealously kills –EX: a rush to judgment is not enough to convict –EX: no weapon, no crime

Argue, Argue, Argue You couldn’t argue in opening, so this is your one chance to shine. You couldn’t argue in opening, so this is your one chance to shine. Make inferences and conclusions from your evidence Make inferences and conclusions from your evidence Cluster evidence by topic to prove your side of the case Cluster evidence by topic to prove your side of the case Apply the LAW to your FACTS Apply the LAW to your FACTS

Keep Arguing Use analogies, allusions, and stories Use analogies, allusions, and stories –Analogies: Compare to everyday human behavior –Allusions: Literary or movie reference that adds force to your argument –Stories and Anecdotes: It is ok to use hypotheticals and personal stories. Hypotheticals must be based on evidence

Even More Argument Emphasize undisputed facts Emphasize undisputed facts Refute the opposition’s testimony Refute the opposition’s testimony Tie up your cross examination – what did all of those “yes” and “no” answers show Tie up your cross examination – what did all of those “yes” and “no” answers show Argue witness’s credibility and motive Argue witness’s credibility and motive Argue weight that should be given to evidence Argue weight that should be given to evidence Confront and explain the weaknesses in your case. Confront and explain the weaknesses in your case.

Planning your Closing Best to develop instead of a fully-written piece, so that you are free to speak Best to develop instead of a fully-written piece, so that you are free to speak Tell a persuasive story Tell a persuasive story –Known facts (established during trial) –Reasons explaining why things happened –Which witnesses should be believed –Details related to important, disputed facts –Details about how to interpret evidence –Details about motivation

More Planning Start strong and end REALLY strong Start strong and end REALLY strong Argue your theory of the case first. Don’t discuss weaknesses in your case until later. Argue your theory of the case first. Don’t discuss weaknesses in your case until later. Embrace or displace the burden of proff Embrace or displace the burden of proff

Planning Prosecution Closing Must deal with the elements of the crime and argue that you have proved them beyond a reasonable doubt Must deal with the elements of the crime and argue that you have proved them beyond a reasonable doubt

Planning Defense Closing Select those elements of the crime or story you feel the prosecution has failed to prove Select those elements of the crime or story you feel the prosecution has failed to prove Respond to plaintiff’s case – leave room for yourself to adjust closing based on what prosecution does Respond to plaintiff’s case – leave room for yourself to adjust closing based on what prosecution does

Organization Options Topical Organization Topical Organization –Issues (motive, opportunity) –Elements of the crime Chronological Chronological Witness by Witness Witness by Witness

EVALUATE THE CLOSING ARGUMENT: What was the theme? What was the theory? What worked? What didn’t work? What needed to be added?