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Trial Advocacy The Closing Statement
Created By Riley Wynkoop <3
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Have a powerful introduction (the grab)
Reintroduce theme Personalize view Take the emotional high ground
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Explain Relevant Law Ally with the judge Establish burden of proof
Acknowledge case elements Address evidentiary issues
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Integrate trial testimony into the law
Relevance of legal standard
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Incorporate trial testimony into theme
List Display demonstrative aids/exhibits
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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)
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Use the tools of argument
Use rhetorical questions Recall without rehashing Analogies, anecdotes, stories Appeal to common sense
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“Prick the boil” Confront contrary evidence
Integrate contrary evidence Deflect contrary evidence
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Build credibility Honest and personal disclosure
Recognize audience limits Exhibit passion and conviction Employ logic (“are as they seem”)
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Closing sentence (may be modified version)
“Ladies and gentlemen, the evidence shows and justice demands that you find the defendant guilty/not guilty.”
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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
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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
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