Closing Statements - Revision history

Saviles: /* The prosecution's heavy burden of proof */

2011-06-01T10:32:36Z

The prosecution's heavy burden of proof

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	* '''Reasonable doubt known by heart and by gut''' - You will know reasonable doubt, not only by reason but also by your heart and by your gut. It's not just a legal concept. It's also a feeling, an intuition.		* '''Reasonable doubt known by heart and by gut''' - You will know reasonable doubt, not only by reason but also by your heart and by your gut. It's not just a legal concept. It's also a feeling, an intuition.
	If, like Singapore, there are cases where the burden of proof shifts to the defendant, then this is not a particularly good theme to emphasize.
			If, like in Singapore, there are cases where the burden of proof shifts to the defendant, then this is not a particularly good theme to emphasize.

	===Discrediting co-defendants and other witnesses with criminal records===		===Discrediting co-defendants and other witnesses with criminal records===

Saviles: /* Sample Themes for a Defense Lawyer's Closing Argument */

2011-06-01T10:32:02Z

Sample Themes for a Defense Lawyer's Closing Argument

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	===The prosecution's heavy burden of proof===		===The prosecution's heavy burden of proof===

			If your jurisdiction places the burden of proof on the prosecution, then emphasizing this heavy burden is a powerful theme. A jury may be wavering on whether a defendant is guilty or not, but if they realize that they only need a reasonable doubt, they are more likely to side on not guilty.

	* '''The test is not which side you believe''' - The prosecution may suggest to you that the test in this case is simply which side you believe. They invariably do this - and it is wrong. That's not the test. The test is this: "Do you have a reasonable doubt whether the defendant is guilty of the crime they've alleged?" Is there at least one reasonable doubt that (name the defendant) might be wrongly accused?		* '''The test is not which side you believe''' - The prosecution may suggest to you that the test in this case is simply which side you believe. They invariably do this - and it is wrong. That's not the test. The test is this: "Do you have a reasonable doubt whether the defendant is guilty of the crime they've alleged?" Is there at least one reasonable doubt that (name the defendant) might be wrongly accused?

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	* '''Reasonable doubt known by heart and by gut''' - You will know reasonable doubt, not only by reason but also by your heart and by your gut. It's not just a legal concept. It's also a feeling, an intuition.		* '''Reasonable doubt known by heart and by gut''' - You will know reasonable doubt, not only by reason but also by your heart and by your gut. It's not just a legal concept. It's also a feeling, an intuition.
			If, like Singapore, there are cases where the burden of proof shifts to the defendant, then this is not a particularly good theme to emphasize.

	===Discrediting co-defendants and other witnesses with criminal records===		===Discrediting co-defendants and other witnesses with criminal records===
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	===Power of the Judge or Jury===		===Power of the Judge or Jury===

	It is also ~~important~~ to emphasize for the judge or jury the ~~important~~ role ~~it fulfills~~ in the system.		It is also persuasive to emphasize for the judge or jury the importance of the role they fulfill in the system. Flattery is a quick way to win votes to your side.

	* '''Lead in to discussing the role and duty of jurors and the importance of their decision-making power''' - The judge told you at the beginning of the case that you should not be offended if the attorneys do not speak to you as you come and go. The law prevents me from speaking with you outside the courtroom. I hope you understand that's why we have had to remain aloof. If we have passed in the hallways or if we shared an elevator and I seemed to avoid recognizing you, it's because the law requires it, not because I enjoy it. There was never any disrespect intended. Indeed, now that we are at a point in this trial when I can speak directly to you, I would like to say a few things about how important you are and the sense of pride, power and obligation you should feel in doing your job as a juror.		* '''Lead in to discussing the role and duty of jurors and the importance of their decision-making power''' - The judge told you at the beginning of the case that you should not be offended if the attorneys do not speak to you as you come and go. The law prevents me from speaking with you outside the courtroom. I hope you understand that's why we have had to remain aloof. If we have passed in the hallways or if we shared an elevator and I seemed to avoid recognizing you, it's because the law requires it, not because I enjoy it. There was never any disrespect intended. Indeed, now that we are at a point in this trial when I can speak directly to you, I would like to say a few things about how important you are and the sense of pride, power and obligation you should feel in doing your job as a juror.

Saviles: /* Goals and Techniques */

2011-06-01T10:25:27Z

Goals and Techniques

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	* Humanize the defendant: use the defendant's name, share positive facts about his/her life, help the judge or jury connect with the defendant;		* Humanize the defendant: use the defendant's name, share positive facts about his/her life, help the judge or jury connect with the defendant;
	* Discuss the relevant law to the defendant's best advantage in clear, concise language that the jury can understand;		* Discuss the relevant law to the defendant's best advantage in clear, concise language that the jury can understand;
	* ~~Explain that the defendant is presumed innocent until proven guilty beyond a reasonable doubt;~~		* Listen carefully to the prosecution's statements and witnesses in order to exploit any weaknesses;
	* Emphasize the enormity of the prosecution's ~~burden of proof~~;
	* Address and refute each of the prosecution's claims against the defendant;		* Address and refute each of the prosecution's claims against the defendant;
	* Listen carefully to the prosecution's statements and witnesses in order to exploit any weaknesses;
	* Close with a strong repetition of the key theme and a request to the judge or jury for a verdict of not guilty.		* Close with a strong repetition of the key theme and a request to the judge or jury for a verdict of not guilty.

Saviles: /* Sample Themes for a Defense Lawyer's Closing Argument */

2011-06-01T08:54:34Z

Sample Themes for a Defense Lawyer's Closing Argument

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	Themes are ways of neatly connecting the defense's arguments throughout the case. A good theme can persuade a judge or jury or aid in recall of key facts. Focus on finding a short, memorable phrase that encompasses the central emotion or [[Theory of the Case \| theory of the case]] which can be referred to throughout the trial. Several common themes are:		Themes are ways of neatly connecting the defense's arguments throughout the case. A good theme can persuade a judge or jury or aid in recall of key facts. Focus on finding a short, memorable phrase that encompasses the central emotion or [[Theory of the Case \| theory of the case]] which can be referred to throughout the trial. Several common themes are:

	~~'''~~The prosecution's heavy burden of proof~~'''~~		===The prosecution's heavy burden of proof===

	* '''The test is not which side you believe''' - The prosecution may suggest to you that the test in this case is simply which side you believe. They invariably do this - and it is wrong. That's not the test. The test is this: "Do you have a reasonable doubt whether the defendant is guilty of the crime they've alleged?" Is there at least one reasonable doubt that (name the defendant) might be wrongly accused?		* '''The test is not which side you believe''' - The prosecution may suggest to you that the test in this case is simply which side you believe. They invariably do this - and it is wrong. That's not the test. The test is this: "Do you have a reasonable doubt whether the defendant is guilty of the crime they've alleged?" Is there at least one reasonable doubt that (name the defendant) might be wrongly accused?
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	* '''Reasonable doubt known by heart and by gut''' - You will know reasonable doubt, not only by reason but also by your heart and by your gut. It's not just a legal concept. It's also a feeling, an intuition.		* '''Reasonable doubt known by heart and by gut''' - You will know reasonable doubt, not only by reason but also by your heart and by your gut. It's not just a legal concept. It's also a feeling, an intuition.

	~~'''~~Discrediting co-defendants and other witnesses with criminal records~~'''~~		===Discrediting co-defendants and other witnesses with criminal records===

	Many criminal cases are built on the testimony of cooperating co-defendants or people with prior criminal records. Using this issue as a theme allows the defense to more easily discredit such informants and cooperating coconspirators.		Many criminal cases are built on the testimony of cooperating co-defendants or people with prior criminal records. Using this issue as a theme allows the defense to more easily discredit such informants and cooperating coconspirators.
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	* '''Witness stand in this case became a shady place for shady characters''' -During the prosecution's case, this witness stand (indicating by pointing at the stand) was a shady place for some very shady characters.		* '''Witness stand in this case became a shady place for shady characters''' -During the prosecution's case, this witness stand (indicating by pointing at the stand) was a shady place for some very shady characters.

	* '''Informant's first career as a criminal transformed into second career as professional witness''' - (Name the informant) made a career out of petty and violent crime. Now he's making a second career out of being a government informant witness.		* '''Informant's first career as a criminal transformed into second career as professional witness''' - (Name the informant) made a career out of petty and violent crime. Now he's making a second career out of being a government informant witness.

	~~'''~~Power of the Judge or Jury~~'''~~		===Power of the Judge or Jury===

	It is also important to emphasize for the judge or jury the important role it fulfills in the system.		It is also important to emphasize for the judge or jury the important role it fulfills in the system.

Saviles at 08:51, 1 June 2011

2011-06-01T08:51:17Z

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	The closing argument is very similar to the opening statement, except that the closing argument focuses on the concrete facts presented at trial. Therefore, the closing argument should complement the opening statement, continuing to evoke the defendant's [[Theory of the Case \| theory of the case]].		The closing argument is very similar to the opening statement, except that the closing argument focuses on the concrete facts presented at trial. Therefore, the closing argument should complement the opening statement, continuing to evoke the defendant's [[Theory of the Case \| theory of the case]].


	== Structuring the Argument ==		== Structuring the Argument ==
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	The prosecutor will listen closely to the defense's argument in order to reply in the rebuttal. But don't waste too much time anticipating their final arguments, simply concentrate on making the defense's closing argument strong.		The prosecutor will listen closely to the defense's argument in order to reply in the rebuttal. But don't waste too much time anticipating their final arguments, simply concentrate on making the defense's closing argument strong.


	== Delivering the Closing Argument ==		== Delivering the Closing Argument ==
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	* Connect with the judge or jury: address them directly in the closing, show deference, emphasize their power and responsibility;		* Connect with the judge or jury: address them directly in the closing, show deference, emphasize their power and responsibility;
	* Prepare and memorize as much of the closing argument as is practical in advance, given the likelihood of adding new facts.		* Prepare and memorize as much of the closing argument as is practical in advance, given the likelihood of adding new facts.


	== Sample Themes for a Defense Lawyer's Closing Argument ==		== Sample Themes for a Defense Lawyer's Closing Argument ==

Saviles at 08:50, 1 June 2011

2011-06-01T08:50:31Z

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	* Connect with the judge or jury: address them directly in the closing, show deference, emphasize their power and responsibility;		* Connect with the judge or jury: address them directly in the closing, show deference, emphasize their power and responsibility;
	* Prepare and memorize as much of the closing argument as is practical in advance, given the likelihood of adding new facts.		* Prepare and memorize as much of the closing argument as is practical in advance, given the likelihood of adding new facts.


	== Sample Themes for a Defense Lawyer's Closing Argument ==		== Sample Themes for a Defense Lawyer's Closing Argument ==

Saviles: /* Structuring the Argument */

2011-05-31T08:14:46Z

Structuring the Argument

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	* Build on that theme while refuting the prosecution's witnesses and conclusions;		* Build on that theme while refuting the prosecution's witnesses and conclusions;
	* Answer the questions you think the judge or jury might be asking themselves;		* Answer the questions you think the judge or jury might be asking themselves;
	* ~~Introducing~~ each new point with clear transitions;		* Introduce each new point with clear transitions;
	* Appeal to the judge or jury's emotions;		* Appeal to the judge or jury's emotions;
	* Use logic to offer explanations that are more favorable to your client or to discount the prosecution's conclusions;		* Use logic to offer explanations that are more favorable to your client or to discount the prosecution's conclusions;
	* Build to a strong conclusion.		* Build to a strong conclusion.


	== Goals and Techniques ==		== Goals and Techniques ==

Saviles: /* Delivering the Closing Argument */

2011-05-30T15:32:11Z

Delivering the Closing Argument

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	* Speak clearly and use vocabulary that your audience is familiar with;		* Speak clearly and use vocabulary that your audience is familiar with;
	* Speak at a reasonable tempo and at a reasonable volume;		* Speak at a reasonable tempo and at a reasonable volume;
	* Be aware of your body language a: facial expressions, eye contact, physical distance from your audience, etc;		* Be aware of your body language: facial expressions, eye contact, physical distance from your audience, etc;
	* Avoid making distracting movements: pacing, fidgeting, etc;		* Avoid making distracting movements: pacing, fidgeting, etc;
	* Try to avoid using unnecessary filler words: if you forget your argument, pause for a second to reorganize your thoughts;		* Try to avoid using unnecessary filler words: if you forget your argument, pause for a second to reorganize your thoughts;
	* Connect with the judge or jury: address them directly in the closing, show deference, emphasize their power and responsibility;		* Connect with the judge or jury: address them directly in the closing, show deference, emphasize their power and responsibility;
	* Prepare and memorize as much of the closing argument as is practical in advance, given the likelihood of adding new facts.		* Prepare and memorize as much of the closing argument as is practical in advance, given the likelihood of adding new facts.


	== Sample Themes for a Defense Lawyer's Closing Argument ==		== Sample Themes for a Defense Lawyer's Closing Argument ==

Saviles at 15:09, 30 May 2011

2011-05-30T15:09:11Z

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	== Sample Themes for a Defense Lawyer's Closing Argument ==		== Sample Themes for a Defense Lawyer's Closing Argument ==

	Themes are ways of neatly connecting the defense's arguments throughout the case. A good theme can persuade a judge or jury or aid in recall of key facts. Focus on finding a short, memorable phrase that encompasses the central emotion or [[Theory of the Case \| theory]] of the case which can be referred to throughout the trial. Several common themes are:		Themes are ways of neatly connecting the defense's arguments throughout the case. A good theme can persuade a judge or jury or aid in recall of key facts. Focus on finding a short, memorable phrase that encompasses the central emotion or [[Theory of the Case \| theory of the case]] which can be referred to throughout the trial. Several common themes are:

	'''The prosecution's heavy burden of proof'''		'''The prosecution's heavy burden of proof'''

Saviles at 15:08, 30 May 2011

2011-05-30T15:08:09Z

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	== Sample Themes for a Defense Lawyer's Closing Argument ==		== Sample Themes for a Defense Lawyer's Closing Argument ==

	Themes are ways of neatly connecting the defense's ~~argument~~ throughout the case. A good theme can persuade a judge or jury or aid in recall of key facts. Several common themes are:		Themes are ways of neatly connecting the defense's arguments throughout the case. A good theme can persuade a judge or jury or aid in recall of key facts. Focus on finding a short, memorable phrase that encompasses the central emotion or [[Theory of the Case \| theory]] of the case which can be referred to throughout the trial. Several common themes are:

	'''The prosecution's heavy burden of proof'''		'''The prosecution's heavy burden of proof'''