The Closing Argument
KEY POINTS
HIGH DRAMA
EYE CONTACT
MEMORIZED
ARGUE ONLY WHAT ACTUALLY HAPPENED IN COURT
FOCUS ON HOW TESTIMONY AND EVIDENCE MET CASE LAW
INTENSE AND PASSION
THE CLOSING ARGUMENT
- THE PLAINTIFF/PROSECUTION DOES ITS CLOSING ARGUMENT FIRST. THE DEFENSE PRESENTS ITS CLOSING ARGUMENT AFTER THE PROSECUTION. THE PLAINTIFF/PROSECUTION GETS A REBUTTAL LIMITED TO THE SCOPE OF THE DEFENSE CLOSING.
- THE ATTORNEY SHOULD BE INTENSE AND ARGUE FACTS THAT CAME INTO EVIDENCE. BE CAREFUL TO LEAVE OUT FACTS ONE THOUGHT MIGHT COME IN AND DID NOT.
- THE GOAL IS CONNECT EVERYTHING TOGETHER WITH PASSION AND CLARITY
- MAKE SURE THE ATTORNEY DISCUSSES HOW THE ELEMENTS OF THE LAW WERE PROVEN OR WERE NOT PROVEN IF YOU ARE THE DEFENSE.
- CITE THE CASE LAW ASSOCIATED WITH THE CASE. YOU MAY NOT USE CASE LAW THAT WAS NOT INCLUDED IN THE MOCK TRIAL PACKET.
- USE STRONG LANGUAGE. BE CONVINCING. THE EVIDENCE PROVED....NOT WE "THINK", OR WE "HOPE". IF YOU DON'T BELIEVE YOUR CASE, THEN WHY SHOULD THE JUDGES OR JURY?
- PLAINTIFF/PROSECUTION FOCUSES ON ALL THE ELEMENTS OF STRENGTH IN THEIR CASE AND THE WEAK POINTS OF THE DEFENSE. BE SURE TO STATE THAT YOU MET YOUR BURDEN OF PROOF. GO THROUGH EACH AND EVERY ELEMENT/LAW YOU NEEDED TO PROVE.
- REMEMBER IF THE JUDGES OR JURY WALK AWAY WONDERING WHETHER THE CLIENT IS RESPONSIBLE OR IF THE DEFENDANT COMMITTED THE ACT, THE PLAINTIFF OR PROSECUTION DID NOT PROVE THE CASE.
- THE DEFENSE SHOULD FOCUS ON ALL THE HOLES IN THE PLAINTIFF/PROSECUTION CASE. FOCUS ON ALL THE DOUBTS AND MAKE A BIG DEAL ABOUT WHAT A LARGE BURDEN THE PLAINTIFF/PROSECUTION HAS TO MEET TO WIN.
- THE DEFENSE SHOULD ARGUE WHAT THE PLAINTIFF/PROSECUTION FAILED TO PROVE
- THE DEFENSE IN A CRIMINAL CASE SHOULD REMIND THE COURT THAT AN INDICTMENT IS NOT A CONVICTION AND A PERSON IS INNOCENT UNTIL PROVEN GUILTY.
- BE STRONG. BE CONVINCING. BELIEVE IN YOUR POSITION.
I'm saving this link of a whole mock trial:
2:05 Defense
2:12:20 Prosecution - 2:19 including an objection
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