Closing Arguments

ANDREW DUNNE
ASSISTANT U.S. ATTORNEY
SENIOR LITIGATION COUNSEL
U.S. DEPARTMENT OF JUSTICE
 What is a Closing Argument?
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Persuade: the Judge that the Defendant is guilty

Explain: why the facts/evidence introduced at

trial proves the Defendant is guilty

Argue: the reasonable inferences/conclusions to

be drawn from the facts/evidence presented at trial
 Philosophy
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FACT FACT FACT VERDICT

The inferential leap

 Philosophy
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The inferential leap to verdict

Judges want to make the right decision

It is difficult to sit in judgment of another

 Philosophy
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Prosecution

Order and logic are our friends

Make case simple & easy to understand

Make the inferential leap seem small

 Philosophy
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Defense

Chaos and confusion are their friends

Undermine credibility of our witnesses

Raise a doubt about the prosecution case

Make the inferential leap seem large

 Goals
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Do NOT simply a review of the evidence and

witness testimony that was presented during trial

Do NOT give a lecture on the applicable law to

guide the Judges decision

Your chance to organize the evidence in a manner

that best demonstrates the defendants guilt
 Goals
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Connect the evidence presented at trial to your

theory of the case

Put the bricks of trial together to build a strong

wall that shows the defendants guilt

Predict & answer the hard questions for the Judge

 How to accomplish those goals?
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1 = Organize

2 = Argue

3 = Anticipate

4 = Delivery Tips
 1 = Organize
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Investigations can create a mountain of evidence

Organize the evidence to make your case simple &

easy for the Judge to understand

Make order out of chaos

1 = Organize
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1 = Organize
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1 = Organize
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 1 = Organize
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Develop a structural organization

Make your closing argument simple & easy for the

Judge to follow
 1 = Organize
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I. The Introduction

II. The Charges

III. Review of the Evidence

IV. The Conclusion

 I. The Introduction
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Start strong!

Summarize the main point of your closing

argument in one clear & concise paragraph

Tell the Judge how your predictions about the

evidence (made in the Opening Statement) came
true during the trial
 The Grabber
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Get the Judges attention right from the start

 II. The Charges
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Briefly re-explain the charges

Identify the elements of the crime that the Judge

must decide on to find the defendant guilty

Focus the Judges attention on the real issues in

dispute by explaining what issues are not in
dispute
 III. Review of the Evidence
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Resolve those issues in dispute for the Judge

Explain how the facts/evidence presented

at trial resolve those issues in dispute
 III. Review of the Evidence
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Connect your review of the evidence to the

elements of the offense you must prove

Summarize the important evidence

III. Review of the Evidence
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 IV. The Conclusion
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Repeat the main facts that show why the defendant

is guilty of the charges

Tell the Judge what conclusion they should reach

based on their common sense review of the
evidence presented at trial
 IV. Conclusion
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For example:

Now that you have heard from all the witnesses

and seen all the exhibits, I respectfully submit that,
based on your common sense, the only verdict
consistent with the law and the evidence in this
case, is a verdict of guilty on all counts.
 2 = Argue
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Do not simply repeat the entire trial record

Explain why that evidence resolves the issues in

dispute in your favor

Argue the reasonable inferences that can be

drawn from the evidence presented at trial
 2 = Argue
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Dont speak in conclusions

State the fact -then explain why that fact

is important & supports your conclusion
2 = Argue
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2 = Argue
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 2 = Argue
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Use a Closing Argument folder

Take notes of memorable moments from trial and

remind the Judge of them during your Closing
Argument

Elicit facts during the trial (bricks) for use during

your Closing Argument
 2 = Argue
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Techniques to help persuade the Judge

Use Headlines
Use Lists
Use Rhetorical questions
Use Bridges
 2 = Argue
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Use of visual aids

Use trial exhibits, summary charts or power point

presentations to help tell a compelling story

We absorb information both visually and aurally

Judges will remember evidence better when it is

reinforced visually
 3 = Anticipate
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Look at the case through the eyes of the Judge

Identify a weakness in your case

Address it logically and honestly through the use of

common sense

Answer the tough question for the Judge

 Step 4 = Delivery
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How you say it is as important as what you say!

Practice tips for speaking in court

Not acting

Public speaking skills that will make you more

persuasive
 Step 4 = Delivery
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Eyes

Wait until you have the Judges attention

Maintain eye contact with the Judge

Dont read (use an outline)

 Step 4 = Delivery
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Voice

Speak up/not down

Speak loudly & clearly (conveys confidence)

Slow down (embrace the silence)

 Step 4 = Delivery
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Voice

Vary the tone of your voice

Vary the pace of your voice

Pause between topics

 Step 4 = Delivery
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Body

Plant your feet and stand still

(no pacing back & forth/no rocking)

Move with a purpose

(change positions between topics)
 Step 4 = Delivery
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Hands

Gesture when appropriate

Use exhibits (forces you to gesture)

No distractions (pens, clothing, etc.)

 Final Thoughts
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Credibility (is everything!)

Be honest -- dont oversell your case

Make sure what you say matches the evidence

If the Judge trusts you theyll believe your case

 Final Thoughts
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Practice, practice, practice

Converting your narrative to an outline is practice

Narrowing your outline is practice

You can never practice enough

 Any Questions?
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Build a strong brick wall!!