1/29/2019 0 Comments What Makes an Effective Closing?Today, I wanted to take a look at what makes a closing effective & powerful, while still being concise. As an example, I will use my edited version of my co-counsel Eilidh's closing statement for our current case (People v. Klein). The elements of this closing are illustrative of the case, and outline the ways in which a closing can communicate a case theory well.
Before I begin, I would like to discuss the elements of the closing. A great closing actually starts with a great opening. In the opening statement, the attorney should communicate the theme and theory behind the case. This theme, whatever it may be, should be proved with witness testimony throughout the trial. At the end of the trial, the closing is used to summarized the testimony of witnesses, and should remind the court of the theme of the trial. In our case, we use the theme of Occam's Razor, the principle that the simplest solution is the most reasonable.
The defendant admits writing the threat (note) and posting it. Motive is not an element of the crime but it is important to this case. Occam’s Razor is the proposition that the simplest explanation is typically the correct explanation. The simplest explanation here is that Defendant had the motive to get Sawyer. The fake Hayden account was created and used to be cruel to Sawyer. Marlow, Cameron, Sawyer, and Defendant all told us that. If the Defendant was angry enough to go to all the work of setting up the fake account to get back at Sawyer, what happens when they lose their job? This theme is brought up multiple times throughout the opening and closing. This helps to show continuity and communication within the team. Next, it is extremely important to include an accurate and extensive summary of valuable witness testimony that was attained during the trial. This is also a great opportunity to tie in the theme, or for the defense, establish doubt. In our case, we mentioned how the victim was threatened by a comment made by the defendant: And we know that Sawyer took these threats seriously. Sawyer testified before you today that this was the first time that something like this had ever happened to him. He didn’t know what to do or how to react. You heard Sawyer testify that he was terrified. In this case, the specific language used (terrified) was vital in both the testimony and the closing. This is where the witness's ability to convey emotion becomes useful. Furthermore, it shows the value of the testimony and how it is important to the case. The attorney should also tie in relevant evidence and even use exhibits to illustrate their point (if they so desire). Perhaps the most important part of an effective closing is the story. Telling a story that's not too brief but not too long, not too biased but not boring either, is a challenging but necessary act and can make or break a closing. The best way to do this (in my personal opinion) is to lay out the facts while weaving in testimony and evidence along the way. These are things that I personally found useful during this Mock Trial season, and it is by no means a complete list. Hopefully next year we'll be able to write even better closings and openings and incorporate what we have learned this year.
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AuthorI'm Sabrina, a student at New Tech High. Archives
April 2019
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