Section 15.32 The Dos of Closing Argument

• Library: DWI 2014 FORMS

The Dos of Closing Argument

1. Keep to your theme—do not react to the other side’s closing argument.

2. The defense should push these issues at every opportunity:

a. Guilt must be proved beyond a reasonable doubt.

b. The defendant is presumed innocent.

c. The burden of proof is on the State.

3. Humanize the client or victim of the crime by:

a. using the person’s name; and

b. making other references to the client’s neighborhood, world, and way of life.

4. Style points:

a. Use simple words—e.g., “car” instead of “motor vehicle.”

b. Use repetition of key words of your theme—the jury will complete your sentences.

c. Use rhetorical questions.

d. Rule of Three:

(1) Use three connected words that all start with the same letter.

(2) Use three words that sound similar or end the same.

(3) Repeating a word three times equals memory penetration.

e. Use analogies—common...