Effective Closing Arguments: The Law and the Craft

AuthorFaith Dianne Pincus
ProfessionAttorney and former Federal Law Clerk
Pages153-158
153
CHAPTER FOURTEEN
Effective Closing
Arguments: The Law
andthe Craft
Hon. Brian R. Van Camp, Ret.
The vast majority of jurors I’ve served with are intelligent, conscientious,
and careful. Once they’ve taken the oath, they take their responsibilities
seriously. Your closing argument must show them that you do, too. It’s
hard to overstate the importance of your argument, but bad summations
do convert victory into defeat, and good ones preserve close victories.
The Law
James McElhaney, Esq., formerly Associate Editor of The ABA Journal, set
forth the Basic Law of Final Argument, as follows:
Don’t misstate the evidence or the law;
Don’t argue facts not in the record;
Don’t state your personal belief in the justice of your cause;
Don’t personally vouch for the credibility of any witness;
Don’t argue an irrelevant use of evidence.
“That is the law; all the rest is commentary.
At the risk of embellishing McElhaney’s well-stated summary, the
“commentaries” hold that you may argue from:
The Law (Jury Instructions) and how it applies to the evidence.
The Evidence and theories, inferences, or conclusions fairly sug-
gested thereby.
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