Mock Trial Skills

Closing Arguments

Closing Versus Opening Opening Talk about facts to be established at trial Talk about facts to be established at trial Arguments from facts not allowed Arguments from facts not allowed Little or no discussion of law Little or no discussion of law Closing Work only with facts established in trial Argument from facts is the goal Some discussion of law, burden of proof, etc.

So, what is argument? Going beyond the facts to get to the conclusion you think they support Going beyond the facts to get to the conclusion you think they support Think of it in terms of “so…,” “therefore…,” “however” Think of it in terms of “so…,” “therefore…,” “however” All cats are mammals… All cats are mammals…

More on Theme and Theory Theme The “motif” of your case. The “motif” of your case. The idea or phrase that ties it together The idea or phrase that ties it together Think of in terms of “This is a case about…” Think of in terms of “This is a case about…” Theory Your version of how the facts went down. Did he hit her and then dump her in the water? Or did he hit her and the surf dragged her under? Should fit into the law

Primacy and Recency/Rule of 3 Try to organize into three, overarching points or sections. Try to organize into three, overarching points or sections. Helps you keep it organized in your head, like a set of book marks Helps you keep it organized in your head, like a set of book marks Helps others follow along and remember Helps others follow along and remember Put your strongest points first or last Put your strongest points first or last

Direct versus Cross Ex Goals of Direct Let your witness tell their story Let your witness tell their story Make your witness appear credible Make your witness appear credible Witness Talks Witness Talks Focus should be on witness Focus should be on witness Goals of Cross Tell the witness what to say Make the witness appear un-credible Attorney Talks Focus should be on the attorney

Straight Man/Funny Man Direct is like a Comedy Team Direct is like a Comedy Team The attorney is the straight man The attorney is the straight man The witness is the funny man The witness is the funny man

Form of the Question Open ended on direct Open ended on direct Who… Who… What… What… Where… Where… When… When… How… How… Leading on cross Leading on cross …, didn’t you? …, didn’t you? …, isn’t it? …, isn’t it?

Primacy and Recency/Rule of 3 Direct and Cross should both be organized in three broad groups of questions Direct and Cross should both be organized in three broad groups of questions Cheating, the beach, school the next day Cheating, the beach, school the next day Initial examination of the body, autopsy, final conclusions Initial examination of the body, autopsy, final conclusions Biggest points first or last Biggest points first or last

Question Order Want your questions to build or flow Want your questions to build or flow Think of it as a conversation (direct) or an explanation (cross) Think of it as a conversation (direct) or an explanation (cross) One question should follow from the next, until you get to the end of your big point One question should follow from the next, until you get to the end of your big point Helps jury or judge so answers don’t seem to come out of the blue Helps jury or judge so answers don’t seem to come out of the blue