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Closing Arguments

Closing Arguments. AKA: The Last Words AAKA: Parting Gift. OUTLINE. Purpose Compare: Open and Close Preparing your closing argument Considerations What I May Say and Do. What I May Not Say or Do. Tips For Preparation Example: Casey Anthony Defense Closing. Purpose.

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Closing Arguments

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  1. Closing Arguments AKA: The Last Words AAKA: Parting Gift

  2. OUTLINE • Purpose • Compare: Open and Close • Preparing your closing argument • Considerations • What I May Say and Do. • What I May Not Say or Do. • Tips For Preparation • Example: Casey Anthony Defense Closing

  3. Purpose • It has been observed that “[a] lawyer’s function during closing argument is to provide the jury with a summation of the evidence . . . which in turn ‘serves to sharpen and clarify the issues for resolution by the trier of fact,’ . . . and should be limited to relevant legal issues.”State v. Jones, 355 N.C. 117, 127 (2002) (quoting Herring v. New York, 422 U.S. 853, 862 (1975)). • “Closing argument is a ‘reason offered in proof, to induce belief or convince the mind.’” Jones, 355 N.C. at 127 (citation omitted); see also Sandoval v. Calderon, 241 F.3d 765, 776 (9th Cir. 2000) (purpose of closing argument “is to explain to the jury what it has to decide and what evidence is relevant to its decision”); United States v. Morris, 568 F.2d 396, 401 (5th Cir. 1978) (“[t]he purpose of summations is for the attorneys to assist the jury in analyzing, evaluating, and applying the evidence”).

  4. Compare: Open and Close Opening Statement Closing Statement Informative Parties present facts/outline evidence in a non-argumentative manner. “The evidence will show that X did Y” “Witness A will testify that she saw B do Y.” Parties set a general roadmap as to how the trial will proceed. Parties lay out who witnesses will be and what they will show. Parties lay out what evidence will be presented. Persuasive!!!!! Parties free to use hypothetical analogies to make their points Parties may comment on which witnesses were or were not credible. Parties may discuss how they believe the evidence creates a compelling story. Parties may advocate why jurors should decide the case in their favor.

  5. Preparing: Considerations • Objective: • What is the factual evidence and how does it supports your case? • What can you say to the credibility of the witnesses? • How does the evidence fit together to create your picture of the case? • Why should the FF rule in your favor?

  6. Preparing: What I May Say and Do • Argue any position or conclusion with respect to a matter in issue based on his or her analysis of the evidence. • Argue the evidence that has been presented and all reasonable inferences that can be drawn from that evidence. • State the law applicable to the case. • Comment on the demeanor of witnesses before the jury. • Assert the guilt of another as long as there is evidence pointing directly to another’s guilt. • Argue that a witness is credible or incredible. May also advise jury to carefully scrutinize witness testimony. • Draw the jury’s attention to the opposing party’s failure to produce certain available witnesses (other than the defendant) or introduce particular evidence. • Use illustrations and anecdotes. • Make arguments based on common knowledge. • Display exhibits and use them in a proper manner as long as they were actually introduced into evidence. • Tell the jury that it may request review of the exhibits and testimony during their deliberations.

  7. Preparing: What I May Not Say or Do • Become abusive. • Make uncomplimentary or derogatory comments about opposing counsel. • Inject his or her personal experiences. • Express your personal belief as to the truth or falsity of the evidence, the credibility of a witness, or the guilt/innocence of the defendant. • Assert personal knowledge of facts in issue. • Reveal legal rulings made by the trial judge outside the presence of the jury. • Engage in name-calling. • Assert that a witness is lying or call a witness a liar. • Make arguments on the basis of matters outside the record. • Appeal to the jury’s passion or prejudice. • Make arguments calculated to mislead or prejudice the jury. • Speculate about the outcome of a possible appeal, parole, executive commutation or pardon. • Gratuitously interject race into a jury argument where race is otherwise irrelevant to the case being tried.

  8. Tips For Preparation • Write a good outline (BUT present without notes). • Re-establish the theory of your case and put the puzzle pieces together in support of the theory. • Review your evidence – How does it support your version and the theory as a whole? • Attack the oppositions case (discrepancies, witness credibility, etc. – Pay attention during trial!!). • Conclude with emotion. • Practice, Practice, Practice!

  9. Example • http://www.cnn.com/video/?/video/crime/2011/07/03/bts.anthony.defense.closing.cnn • Closing argument of the defense in the Casey Anthony case. Casey Anthony was a young mother accused of murdering her young daughter and was eventually acquitted.

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