Chapter 16 Closing Arguments

• Library: How to Try a Murder Case: Pretrial and Trial Guidelines for Prosecution and Defense (ABA) (2011 Ed.)

CHAPTER 16 Closing ArgumentsCredibility from Start to Finish

You've done everything that you could to lead up to this moment. You litigated the issues in advance of trial and anticipated which motions needed to be filed. You wrote persuasive responses to the opposing side's motions. You anticipated your opponent's attacks and prepared the evidence and arguments to meet those attacks. You carefully prepared the witnesses and you knew what each witness would say and how he or she would say it. You skillfully eliminated any problem jurors. You crafted and delivered a masterful opening statement that was captivating and that did not promise more than you could deliver. Your order of witnesses was designed to keep the jurors' attention and to clearly present your case. You recognized the weaknesses in your case and shared with the jury why those were not significant. Your cross-examinations were devastating. Your presentation never overstated your case. The jury came to realize that if you said something, it always turned out to be true. You were straightforward and credible throughout the trial, and the jury now views you as completely credible. You had a theme from the very beginning and you are now going to bring that theme to its logical conclusion in your closing argument. The point is that closing arguments are not made in a vacuum; they are the conclusion to everything that has happened in the case before the argument. "The only cases that can be won in the final argument are those that have not been previously lost. On the other hand a good case can be lost in those fatal, final moments."¹

The trial advocacy principles that are applicable to closing arguments in homicide cases are much the same as those applicable to all criminal trials. In fact, the principles for a good closing argument for civil trials are almost identical. Closing arguments should

• Be interesting
•

...