THE CLOSING ARGUMENT - THE
PLAINTIFF/PROSECUTION DOES ITS CLOSING ARGUMENT FIRST. THE DEFENSE
PRESENTS ITS CLOSING ARGUMENT AFTER THE DEFENSE. 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.
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ĉ ď Dianna Pugh, Jan 14, 2011 8:05 PM
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