Defendant's Closing Statement

• Publication year: 1995
• Pages: 46
• Citation: Vol. 8 No. 9 Pg. 46

Defendant's Closing Statement Vol. 8 No. 9 Pg. 46 Utah Bar Journal November, 1995

David K. Watkiss, J.

POINT OF VIEW

The following initial comments are set forth to let you know what I have come to believe after representing both plaintiffs and defendants for some 45 years and the questionable basis of my views on a "Defendant's Closing Statement":

(a) The trial is a four-phase, educational process with the voir dire, opening statements, evidence presentation, and finally the closing statements.

(b) A good defense counsel is a good teacher, not a preacher.

(c) For a defense counsel, the art of persuasion is indeed a gentle art and counsel must appear fair-minded and compassionate. While we have some colorful and flamboyant trial lawyers for the plaintiff, they are rarely found for the defense.

(d) The good defense lawyer influences a jury best with the careful preparation and presentation of the case, and by establishing the impression that the defendant and counsel are honest, fair and responsible.

(e) A good closing statement is a clear, credible and persuasive explanation of the defendant's case. A jury that doesn' t understand your case can't return a verdict in your favor.

INTRODUCTION

There are differing views on the importance of a closing statement. Some trial lawyers believe that the summation is the keystone or crown of the case on which all other associated parts depend for maximum effectiveness. This is reflected in a recent book by a well-known trial lawyer entitled "How to Argue and Win Every Time." Others think that a case is won or lost when a jury is selected. However, the conventional wisdom is that most jurors make up their minds by the end of the opening statements and then pick out the evidence that supports their position. I personally believe that the best a defense counsel can do is select a jury that might have some tolerance for the defendant's case and that it will be won or lost during the proof and not by jury selection, the opening statement or the closing statement. As the witnesses speak and the evidence is presented, jurors' attitudes are being formed, they are judging the witnesses, believing or disbelieving, and taking sides.

What then is your function and objective in your closing statement if it is unlikely that you can persuade anyone who has formed a judgment against you? Your persuasive summation of your client's position through the application of logic and reason to the evidence can give jurors a basis for a reasoned discussion of...