Closing Argument (From Trial Techniques - A Compendium of Course Materials, P 259-283, 1980 - See NCJ-78190)

• NCJ Number: 78198
• Author(s): S M Fallis; J R Allison; W Emmons; P A Williams; J M Roll
• Date Published: 1980
• Length: 25 pages
• Sale Source: National College of District Attorneys
• Publication Type: Instructional Material
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

These five papers are designed to aid prosecutors in the structuring and delivery of the closing argument in a trial.

Abstract

Purposes of the closing argument include winning the goodwill of the jury, explaining the State's case, and motivating the jury to act on behalf of the prosecutor's case. Suggested content of the closing argument is also discussed. For example, the traditional approach is first to discuss the evidence and then to include an emotional appeal and recommend punishment. Changes in this approach and inclusion of remarks of the defense attorney may also be appropriate. One paper offers content suggestions depending on specific cases (such as the identification case, the alibi defense, and the lesser included offense). For example, in the case of alibi defense the prosecutor should create a dichotomy and ask the jury to choose only one of the two opposing possibilities. The prosecutor should also make clear that the existence of conflicting evidence is not equivalent to reasonable doubt and that the jury's function is to resolve the issue of credibility. Among recommendations regarding delivering the argument are that the prosecutor maintain eye contact with the jury and not read the argument. Relevant case law is discussed.