Closing Arguments Examples: Kick-Ass Closing Arguments Part 1
Best Closing Argument Template
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Closing Arguments Samples: Closing Argument Templates
KICK-ASS CLOSINGS: A Guide to Giving the Best Closing Argument of Your Life
by Michael Waddington
This book is not a legal treatise or technical course in trial advocacy. Rather, it is a compilation of closing arguments delivered in actual criminal trials. Some of the closing arguments in this book have been edited for length and clarity. Closing arguments are speeches, not term papers. They are read like poems or lines of a play. Therefore, I broke the arguments down by phrase, instead of by paragraph, to mimic the way an oral argument is delivered.
Praise for Kick-Ass Closings
“Kick-Ass Closings should be mandatory for every law student who wants to call her or himself a trial lawyer. Practicing lawyers will find the stories and insights great food for thought and non-lawyers will love it as it gives a keen insight into both the art and science of presenting to and persuading people.”
-Mark O’Mara, O’Mara Law Group
“Phenomenal resource for lawyers young and old! When you know a not guilty is within reach – the wisdom in this book will inspire and guide you to giving the best closing of your life!”
-Brian Bieber, GrayRobinson, P.A.
“We aren’t in class anymore! Kick-Ass Closings is written from the trenches, by trial lawyers who actually try cases, and win. If you want to be a closer, you need this book.” -Tim Bilecki, Bilecki & Tipon, LLLC
“This work defines the structure, the content, the interplay of other aspects of the trial, and the means by which successful lawyers maintain their champions of justice status. Simply put, own and use this great collection – your skill level will increase exponentially.”
-James A.H. Bell, The Law Offices of James A.H. Bell
Click here to buy Kick-Ass Closings on Amazon
ACKNOWLEDGEMENTS
I would like to thank the many people who have assisted with this trial guide. Most importantly, my wife and law partner, Alexandra. For two years, she pushed me to work on and finish this book. Every time I would talk about it, she would tell me to “Get to work and stop talking about it.” I nearly quit several times, in particular when our home, office, and lives in Puerto Rico were hit by Hurricane Maria in 2017. In the aftermath, we found ourselves in Florida, trying to rebuild our lives and law practice. Despite the upheaval, she pushed me forward. A year later, I finished the manuscript.
I would also like to thank my friends and Fellows in the American Board of Criminal Lawyers (ABCL), who have provided tremendous support throughout this project and have made outstanding contributions to this book. In particular, I owe special thanks to Ian Friedman, Brian Bieber, Barry Scheck, Joel Hirschhorn, Cheney Mason, and James A.H. Bell.
I would also like to thank Mark Geragos, Mark O’Mara, Thomas A. Mesereau, Jose Baez, Gerry Spence, Timothy Bilecki, Eric Romano, Dean Strang, Robert Casale, and Jerome Buting, for their excellent closing arguments used in this book. In addition, Stacy Walsh’s editing and feedback were crucial in preparing this book for print.
Finally, as a criminal defense lawyer, I owe gratitude to the warriors who fought like gladiators for truth, justice, and the American way. In particular, I thank Clarence Darrow and Johnnie Cochran. They inspired me as a young lawyer, and guide me to this day. Their arguments can be found throughout this book. They are the gold standard all lawyers should strive for.
When a judge compliments you, it usually means you have lost.
-James B. Donovan
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CONTENTS OF KICK-ASS CLOSINGS
INTRODUCTION
DISCUSSING EMOTION, PREJUDICE, & PASSION IN CLOSING ARGUMENTS
Emotional Decisions Are Almost Always Bad Decisions 11
No One Has the Right to Base a Decision on Emotion 12
Don’t Convict Because You Feel Sorry 12
The Prosecutor is a Theatrical Manipulator 13
Don’t Vote with the Crowd or Based on TV 16
Base Your Verdict on Evidence, Not Emotion 18
Put Your Original Emotional Reaction in Check 19
A Conviction Won’t Bring Back the Victim 22
I Would Love to Solve This Case 23
Reject Emotional Manipulation 23
Addressing the Appeal to Emotion in a Self-defense Case 26
You Can’t be Swayed by Sympathy, Prejudice, or Passion 29
Don’t Convict Because You Fear Public Backlash 29
DEFINING REASONABLE DOUBT IN CLOSING ARGUMENTS
The Prosecution Hates Proof Beyond a Reasonable Doubt 33
Where Did the Murder Occur = Reasonable Doubt 35
Doubt May Arise from Conflicts in Evidence or Lack of Evidence 35
More Questions Than Answers = Reasonable Doubt 36
Not Proven = Not Guilty 36
If You Don’t Know What Happened = Reasonable Doubt 37
Story of the Cat & the Mouse 38
Don’t Know the Cause of Death = Reasonable Doubt 39
Every Element Must Be Proven Beyond a Reasonable Doubt 40
Summarizing Reasonable Doubts 40
Unreliable Forensic Evidence = Reasonable Doubt 41
Story of Rancid Lamb Stew 41
Your Job Is Not Hard, They Have No Coherent Theory 43
The Concept of Reasonable Doubt 43
All it Takes is One Reasonable Doubt 44
Discussing the Levels of Proof 47
The Prosecution Must Win By Knockout 48
Possibly Not Guilty = Reasonable Doubt 49
You Can’t Connect the Dots for the Prosecution 50
Addressing the Prosecution’s Puzzle Argument 54
If He May Have Acted in Self-defense = Reasonable Doubt 55
Elements Are Like Cake Ingredients 55
To Take Away Somebody’s Liberty, They Got to Prove Their Case 56
Applying the Presumption of Innocence 56
They Must Knock Us Out With Overwhelming Proof 57
Johnnie Cochran’s 15 Unanswered Questions 57
DISCUSSING BURDEN SHIFTING IN CLOSING ARGUMENTS
The Burden Stays on Their Table and Rests With Them 65
You Never Shift the Burden to the Defense 65
Who Committed the Crime? The Prosecution Must Answer That 65
You Can’t Convict Him of Murder Because He Had an Affair 66
They Must Prove the Evidence Wasn’t Tampered With 67
We Don’t Take on a Burden Because We Have a Theory 67
We Can’t Let Them Get Away From Their Burden 67
We Cannot Let Them Turn the Constitution on its Head 68
They Have a Theory But No Underlying Facts to Support It 69
We Can Cower Before the Storm or We Can Light Candles 69
Defendant is Not Required to Present Evidence or Proof 70
They Have All of the Burden and There is None Over Here 71
This is Not a Trick – Not Proven Means Not Guilty 71
The Benefit of the Doubt Always Goes with the Defendant 72
They Must Take Away All Reasonable Doubt 72
Two Conflicting Theories? You Must Choose Innocence 72
DISCUSSING CIRCUMSTANTIAL EVIDENCE IN CLOSING ARGUMENTS
Explaining Circumstantial Evidence 75
Circumstantial Evidence – Defense Gets the Benefit of the Doubt 78
Circumstantial Evidence – The Defense Wins in a Tie 79
If Two Theories are Reasonable – You Must Go With Innocence 79
Each Essential Fact Must be Proven Beyond a Reasonable Doubt 79
If They Fail to Prove One Essential Fact, You Must Acquit 80
Reasonable Hypothesis of Innocence = Acquittal 80
DISCUSSING LACK OF CORROBORATION IN CLOSING ARGUMENTS
Story of the Judge’s Gavel 83
They’ve Dirtied Him Up, But They Haven’t Proven Their Case 84
Cherry Picking Evidence 85
Drug Dealer? Where’s the Evidence? 87
What is Corroboration? 89
There Are No Independent Witnesses or Evidence 90
Evidence That’s Not There, That Should Be 91
DISCUSSING JUSTICE IN CLOSING ARGUMENTS
Jury Service is the Highest Act of Citizenship 95
Journey Towards Justice 95
You Are the Conscience of the Community 95
Don’t Compromise Your Principles or Your Consciences 96
Empowering the Jury 97
It is Not About Winning, It is About What is Right 97
If You Don’t Stand Up, This Conduct Will Continue Forever 98
Stay the Course, Keep Your Eye on the Prize, Do the Right Thing 98
ATTACKING THE PROSECUTION
THE GOVERNMENT IS POWERFUL IN CLOSING ARGUMENTS
When the Government Sets Their Cross-Hairs 103
He’s Not “A Messenger” – He’s the Prosecutor 103
They Traveled the World Trying to Build a Case 104
Don’t Feel Sorry for the Prosecutor, They Have Many Resources 105
The Federal Government Has Vast Resources 105
It Doesn’t Become a Crime Because They Say So 106
DISCUSSING OVERREACHING PROSECUTORS IN CLOSING ARGUMENTS
Tell the Government They’ve Overreached 111
We’re Here to Judge the Prosecution’s Evidence 111
They Don’t Have the Right to Overcharge 112
Prosecutors Wildly Speculate, When They Don’t Have a Case 113
Prosecution Cannot Cut Corners & Make Assumptions 113
DISCUSSING SPECULATION & ASSUMPTIONS IN CLOSING ARGUMENTS
The Prosecution is Speculative and Cynical 117
You Cannot Guess a Man Into Prison 118
The Prosecutor’s Are Not Doctors, They’re Speculating 118
If You Have Questions, Then it Was Not Proven 119
Prosecution’s Theory is a Fantasy 121
Stare Harder & You May See Their Phantom Evidence 121
They Will Do Anything to Distort the Facts 122
Could Be, Might Be, Maybe is Not Proof Beyond a Reasonable Doubt 123
Government is Trying to Assume its Way to a Conviction 123
Prosecutor’s Fantasy 123
Don’t Assume, Presume, Connect Dots, or Fill-in Blanks 124
They Want You to Fill in the Gaps with Anger & Emotion 125
You Heard Too Many What-Ifs, Could’ve Beens 125
Assumptions Without Any Basis in Fact Whatsoever 126
Could’ve Beens Don’t Belong in this Courtroom 127
We Can’t Speculate Someone Into the Penitentiary 127
“Maybe” is Not Evidence 128
Decide Based on Evidence, Not Emotion 128
DISCUSSING CYNICAL PROSECUTORS IN CLOSING ARGUMENTS
To a Prosecutor, Everything Looks Like a Crime 133
If They Disagree, Then They Should Refute it With Evidence 133
Their Evidence is a Molehill 134
To the Prosecution, Everything Shows Motive 134
If This is a Search for the Truth, Let’s Look for the Truth 135
The Turned Every Positive Aspect into a Negative 135
They Live in a Land of Pessimism 136
Prosecution Turn Innocent Facts into Proof of Guilt 137
To the Prosecution, Everything is Sinister 139
If it Doesn’t Fit, You Must Acquit 139
To Them, Everything Points to Guilt 142
DISCUSSING HOW THEY FAILED TO PRESENT EXCULPATORY WITNESSES IN CLOSING ARGUMENTS
They Failed to Bring Key Eyewitnesses 147
We Have No Burden, We Brought Witnesses, Why Didn’t They? 148
Failure to Call the Coroner that Did the Autopsy 149
Failure to Find & Produce Exculpatory Witnesses 150
Failure to Call Easy to Locate Corroboration Witnesses 150
When a Defense Expert is Not Rebutted 151
We Had to Bring Him Because the State Didn’t Do So 152
Exculpatory Evidence is Meaningless, To the Prosecution 153
In the Search for truth, We Had to Call The Witnesses 153
If They Want the Truth, They Would Have Called These Witnesses 153
The Prosecution is on the Defensive 154
We Have No Burden, But We Presented Evidence 154
DISCUSSING WHEN THEY DEHUMANIZE YOUR CLIENT IN CLOSING ARGUMENTS
Prosecution Never Calls Him by His Name, They Call Him Defendant 159
They Are Desperate So They Smeared a Good Man’s Name 159
A Barbaric Attempt to Dehumanize & Degrade Michael 160
Character Assassination 161
You Cannot Take Away Someone’s Voice in the Courtroom 162
DISCUSSING “THE DEFENSE PROMISED IN OPENING” IN CLOSING ARGUMENTS
My Opening is What I Expected Their Evidence to Show 167
My Opening is What I Hoped the Evidence Would Show 168
DISCUSSING DEFENDANT DID NOT TESTIFY IN CLOSING ARGUMENTS
Not Testifying is a Fundamental Right 173
Explaining Why a Defendant Did Not Testify 175
Not Testifying is Not an Admission of Guilt 176
DISCUSSING PROSECUTION ATTACKS UNBIASED WITNESSES IN CLOSING ARGUMENTS
They Ridiculed & Attacked Witnesses in Their Obsession to Win 181
Abusive Prosecutors Aren’t Seeking the Truth 181
Witnesses Didn’t Fit Their Theory, So They Attacked Them 182
DISCUSSING ILLOGICAL ARGUMENTS IN CLOSING ARGUMENTS
Their Argument Makes No Sense 187
Shifting Prosecution Theories 187
Mocking Foolish Arguments 188
DISCUSSING WITNESSES IN A CLOSING ARGUMENT
DISCUSSING LIES & LIARS IN CLOSING ARGUMENTSv
Deception Indicators 193
It’s Hard to Listen to a Witness Lie 193
When You’re Lying at the Beginning, You’ll Be Lying at the End 194
It Was Not a Language Issue, It Was a Dishonesty Issue 195
Liars Can Be Tricky 195
Don’t Feel Bad for Lying Witnesses 196
Willful False Testimony – Reject All of It 197
Why Did the Witnesses’ Testimony Change? 198
False Testimony is the Cornerstone of the Prosecution’s Case 199
Twins of Deception – Wipe Out Their Testimony 200
Can’t Trust the Message – You Can’t Trust the Messengers 200
Willful False Testimony Taints All the Evidence 200
It’s Simple, Do You Believe this Witness Beyond a Reasonable Doubt 200
You Cannot Believe Known Liars Beyond a Reasonable Doubt 204
Cross-Examination Exposed the Liar 205
This Case Rises and Falls on a Known Liar 205
It Only Takes One Lie Under Oath to Throw Out the Case 206
Witness is Always Blaming Someone Else 208
Would a Police Officer Lie? 208
It’s Not Badgering If the Witness Refuses to Answer 208
DISCUSSING CREDIBILITY IN CLOSING ARGUMENTS
Tell the Truth, You Always Get the Truth Right 213
You are Either Credible or You are Not 213
Credibility Doesn’t Attach to a Title or Position 214
Determining Witness Credibility 215
No Side Has a Priority On the Truth 215
DISCUSSING SNITCHES IN CLOSING ARGUMENTS
Don’t Trust Bought Testimony 219
He’s Testifying for a Sentence Reduction 220
Don’t Trust the Snitch 221
They Paid for the Snitch’s Testimony with Freedom 222
Don’t Trust a Snake 222
DISCUSSING DEMEANOR IN CLOSING ARGUMENTS
Turning the Victim’s Demeanor Against Them 227
People React Differently Under Extreme Stress 227
His Demeanor Was Consistent with Innocence 230
DISCUSSING EMOTIONAL WITNESSES IN CLOSING ARGUMENTS
Crying Does Not Equate to Being Truthful 235
The Defendant “Didn’t Act Normal” 236
Explaining Bizarre Behavior 236
DISCUSSING COACHED WITNESSES IN CLOSING ARGUMENTS
Coached Witness Couldn’t Recall Anything on Cross 239
The Prosecution Coached a Perjurious Witness 240
DISCUSSING MANIPULATIVE WITNESSES IN CLOSING ARGUMENTS
Compulsive Liars & Manipulators 243
DISCUSSING WHY DO PEOPLE LIE? IN CLOSING ARGUMENTS
Why Do People Lie? 247
Intelligence 248
Ability to Observe 248
Ability to Accurately Remember 249
The Forgetful Witness 251
We Know Nothing About These Witnesses – Why Trust Them? 252
Some People Do Crazy Things 253
Her Motive to Lie is Irrelevant, We Know She Lied 254
Some People Lie, Others Are Confused 254
She’s Not Lying, But, She’s Not Describing a Crime 255
DISCUSSING BIASED WITNESSES IN CLOSING ARGUMENTS
Their Witness Has an Ax to Grind 259
The Family Turned Because of Amber Frey 261
DISCUSSING SINCERITY & CONDUCT IN COURT IN CLOSING ARGUMENTS
Their Witness Reeks of Bias 265
Weasel Words – Shifty Witnesses 266
DISCUSSING RACIAL PREJUDICE IN CLOSING ARGUMENTS
Addressing Racial Prejudice Head On 271
Dealing with Prejudice When Asking for Justice 272
This is a Race Question 273
Now, Gentlemen, I Say You are Prejudiced 276
COPS & INVESTIGATORS
DISCUSSING CORRUPT INVESTIGATORS IN CLOSING ARGUMENTS
When Police Cover for Each Other 281
Why Do Police Plant Evidence? 281
Mark Fuhrman – Exposed as a Liar and Racist 281
Corrupt Cops – A Rotten Apple Will Infect the Entire Barrel 283
Things Aren’t Always What They Seem 284
A Police Officer on the Street is Powerful 284
These Are the Facts – I Haven’t Made Them Up 285
What You Do in the Dark is Going to Come to the Light 285
A Rush to Judgment, an Obsession to Win 286
We Demand an Unbiased Investigation 286
Who Polices the Police? You Police the Police 286
DISCUSSING INCOMPETENT POLICE IN CLOSING ARGUMENTS
Confirmation Bias & the Story of the Archer 291
Incompetent Bungling Police Rushed to Judgment 292
They Formed an Opinion from the Beginning 294
Biased Investigator Was Personally Involved with the Victim 294
A Tragic Combination of Sloppy Errors & Cover-ups 296
This Was Not Traditional Law Enforcement 296
Somebody Played with This Evidence – No Doubt 297
If Any Evidence is Manufactured, None Can Be Trusted 298
Was the Investigation Reasonable? 299
DISCUSSING COERCED STATEMENTS IN CLOSING ARGUMENTS
His Statement Was Coerced 303
Disregard the Statement Unless it Was Freely Made 305
DISCUSSING FORENSICS, EXPERTS, & CONTAMINATION IN CLOSING ARGUMENTS
Where Is the Blood On the Underwear? 309
DNA Doesn’t Tell a Story, The People Tell Stories 310
Missing Forensic Evidence 310
Once Evidence is Contaminated, It is Contaminated 312
DNA Alone Does Not Prove Rape 313
Labs Require: Rules, Training, Quality Assurance, Chain of Custody 313
Labs Cannot Create Chain of Custody Docs After the Fact 314
Laboratory is Not Accredited or Inspected 314
Chain of Custody is Absolutely Critical 315
Science is as Good as the People Who Employ It 315
Laboratory Is Not in Compliance 316
Tainted Evidence, Like a Cockroach in Spaghetti, Must be Rejected 316
Lab Error Probability – A Cesspool of Contamination 317
Defense Called More Lab Experts Than the Prosecution – Why? 317
Science Can’t Establish the Cause of Death, Tests Were Negative 318
Their Expert Was a Advocate, Not a Scientist 319
Rely on Actual Physical Evidence, Not Nonsense 319
You May Believe or Disbelieve an Expert 320
Discussing Expert Witness Fees 320
Where’s All of the Blood – There is None 321
You Never Get a Second Chance at a Crime Scene 323
DEFENSES & SPECIFIC CRIMES
DISCUSSING SELF-DEFENSE IN CLOSING ARGUMENTS
What Matters is the Defendant’s Perspective 329
You Don’t Need an Eye Witness to Prove Self-defense 329
Self-defense Standard of Proof 330
Prosecution Must Prove There Was No Self-Defense 331
When He Shot, What Other Options Did He Have? 331
A Man Has the Right to Shoot in Self-Defense 332
Defendant’s Testimony is Evidence of Self-defense 333
Relative Physical Abilities in Self-defense 334
No Injuries Necessary to Use Deadly Force 334
Self-Defense Defined 335
Justifiable Use of Force 336
If You Debate Whether He Acted in Self-defense, That’s Doubt 336
I Wish I Could Put You in the Defendant’s Shoes That Night 337
A Man’s Home is His Castle 338
There is No Evidence to Refute Self-defense 340
Put Yourself in Their Shoes 340
What Was in Her Head at the Moment She Pulled the Trigger? 341
DISCUSSING ENTRAPMENT IN CLOSING ARGUMENTS
Entrapment in an Online Sex Sting 343
DISCUSSING SPECIFIC INTENT IN CLOSING ARGUMENTS
Not Every Touching is Sexual 357
Specific Intent in Online Sex Stings 357
DISCUSSING MOTIVE IN CLOSING ARGUMENTS
Financial Motive is Ludicrous 361
Absence of Motive May Tend to Establish Innocence 361
They Struggled to Come Up With a Motive 362
Lack of Motive Can Raise Reasonable Doubt 362
Attacking the Theory of Motive 362
DISCUSSING PRIOR BAD ACTS IN CLOSING ARGUMENTS
Prior Bad Acts Are Band Aids for a Bad Case 365
DISCUSSING SEXUAL ASSAULT IN CLOSING ARGUMENTS
The Prosecutor’s Rape Theory is Absurd 369
Mistake of Fact to Sexual Assault 371
Her Lack of Physical Injuries Are Inconsistent With Her Story 372
What Did the Victim Lead Him to Believe? 373
Prior Sexual Relationships Goes to Consent 374
If He’s a Predator, Why Does He Stop? 376
Such a Violent Attack, You Expect Some Evidence 376
Regret is Not Rape 377
Going with the Sex is Consent 378
DISCUSSING SPILLOVER IN CLOSING ARGUMENTS
Consider Each Count Against Each Defendant Separately 381
Each Charge Must Stand on It’s Own 381
DISCUSSING WAR CRIMES IN CLOSING ARGUMENTS
Triple Murder in Iraq 383
DISCUSSING ALIBI IN CLOSING ARGUMENTS
How Do They Account for His Whereabouts? 395
Alibi Instruction 396
DISCUSSING ABANDONMENT IN CLOSING ARGUMENTS
399 How Can You Steal That Which Nobody Claims 399
DISCUSSING MONEY LAUNDERING IN CLOSING ARGUMENTS
You Must Have an Intent to Conceal 401
DISCUSSING FRAUD IN CLOSING ARGUMENTS
An Honestly Formed Belief Cannot be Fraudulent Intent 405
Good Faith is a Complete Defense 405
There is a Difference Between Fraud & Abuse 406
DISCUSSING CONSPIRACY IN CLOSING ARGUMENTS
You Must Know of the Conspiracy to be a Conspirator 409
CONCLUDING – SHUTTING DOWN REBUTTAL IN CLOSING ARGUMENTS
How Are Innocent Men Convicted? 413
You Cannot Convict Because He’s a Jerk 414
You Know We Can Answer Anything That They Would Say 415
The State is Sandbagging 415
They Go First & Last 416
They Get Rebuttal Because They Have the Burden 417
Don’t be Swayed by Sympathy, Prejudice, or Passion 418
Find Him Not Guilty Because it is the Moral Thing to Do 419
Fear of an Innocent Man Going to Jail 420
They Will Attack Me Personally, Because They Have No Case 420
Jurors, Use Your Common Sense 421
Use Common Sense to Rebut Their Rebuttal 422
Do You Have the Courage to Acquit? 422
Your Common Sense Won’t Let You Fall for It 423
The Court is No Better Than It’s Jurors 423
Light Your Candles for the Constitution 423
In Criminal Cases, Nobody Wins 424
CLOSING ARGUMENTS QUOTES
Attitude 427
Bias 428
Character 428
Cops & Corruption 429
Cynical Prosecutors 429
Education 429
Emotion 430
Excuses 431
Facts & the Truth 432
Failure 432
Fools & Wisdom 434
Justice 436
Know When to Stop Talking 438
Lies, Liars, and Credibility 440
Planning & Preparing 445
Power & Corruption 446
Reasonable Doubt 447
Strategy 447
CLOSING CHARTS & DIAGRAMS
Reasonable Doubt Chart – With Definitions 451
Reasonable Doubt Chart – Without Definitions 452
States of Mind Mandating Acquittal 453
Mistake of Fact – Consent 454
Self-Defense 455
State of Mind – Online Child Sex Sting 456
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INTRODUCTION TO KICK-ASS CLOSINGS
Defending a criminal case at trial is an art form. Its origins date to ancient times, when Greek and Roman lawyers battled, orally, in criminal tribunals. Ancient advocates spent their lives training and practicing their oratory skills, which were passed down from generation to generation.
In modern courtrooms, few criminal cases go to trial. With oppressive sentencing guidelines and trial penalties imposed on those who dare contest their charges, guilty pleas are the norm in Federal and State Courts. As a result, there are few opportunities to watch experienced lawyers do battle in contested jury trials.
In modern times, how does one become a better trial lawyer, aside from trying jury trials? For me, I read dozens of trial advocacy books, attended many CLEs, scoured countless transcripts, and searched the internet looking for examples of how to deliver a kick-ass closing argument. What I found was disappointing. Almost all trial advocacy books contain theory, not substance, and they tend to minimize the importance of closing arguments. In addition, most transcripts contain boring recitations of the facts, patronizing jury speeches, and weak attempts at explaining reasonable doubt.
I was forced to learn by trying a lot of cases and learning from my successes, and even more importantly, from my failures. Thankfully, I practice law in a jurisdiction where there are no sentencing guidelines and few mandatory sentences. I am fortunate to take nearly every case to trial. Over two hundred contested jury trials have taught me many lessons. I firmly believe that a devastating closing argument, combined with a strong opening statement and skillful cross examinations, are key to creating reasonable doubt and winning at trial.
In this book, I set out to create a useful resource for new and experienced trial lawyers, so they can deliver devastating closing arguments with minimal prep time. This book does not focus on theory. It provides a simple and straightforward template that can be used in any criminal trial, along with hundreds of examples of winning arguments that can be crafted to fit the facts of your case.
In preparing this trial guide, I read countless trial transcripts and sourced my own experiences. I extracted the best examples of common closing argument topics, such as Burden Shifting, Credibility, and Reasonable Doubt. Then, I broke down the arguments into topics for quick reference. I also included powerful quotes and parables that can be used to drive a point home. Finally, I included charts and diagrams that can be used in closing arguments to visually demonstrate concepts such as Proof Beyond a Reasonable Doubt, Mistake of Fact, Self-defense, and others.
Used properly, this book can save you time, and increase the power and effectiveness of your closing arguments. More importantly, it will help save lives, and protect the freedom of those whom we defend.
When defending a criminal case, we must remember it is the prosecutor’s job to prove the case beyond a reasonable doubt. They must build a bridge over a river called “Reasonable Doubt.” Their bridge must be solid and well-constructed. It must span the river of Reasonable Doubt, otherwise, they have failed to meet their burden of proof.
A criminal defense lawyer’s job is destruction. We don’t build. We destroy. We sabotage. We wreak havoc. We pinpoint and attack the weaknesses in the prosecution’s case. Our goal is to destroy their case and leave it in ruins.
The defense’s closing argument should be the final bombing run on the prosecution’s bridge. It is our last chance to convince the jury that the bridge is weak, unsafe, and cannot be crossed. If done properly, a closing argument should cause the jury to stop and hesitate, to have doubt, and to acquit.