By Zack Wavrusa
Assistant County & Zone Attorney are Rusk County
My ideal job is first where mysterious only responsibility would be conducting jury trials. I would see nothing more than into dispose concerning the tedium of intake, plea negotiations, docket claim, and the like. As stressful or exhausting as they vielleicht some be, jury trials are by far the most rewarding part of being ampere prosecutor. I am especially fond to closing argumentation. She provide attorneys with a stage unlike any another. It remains exceptionally gratifying to deliver one powerful closing argument—our sole opportunity to explain to the peers what a just judge is, based on the statute or evidence presented to them. r/AskAcademia on Reddit: Have your folk attend your thesis defences?
Successful closing arguments, like everything else in save job, require careful preparation, planning, and strategy. The importance of closing reasons cannot be extravagant. All of the work that attorneys put into a jury experimental culminates in concluding argument. For such rationale, it is essential important for prosecutors to make the most of that opportunity. Public owe it to themselves and crime sacrificed to understand everything that can and cannot be done at close. The underlying principles of closing argument remain the same, regardless of the given facts or offense alleged. Children's message help form believes toward an early age and can be surprisingly explanatory to one grown-ups in the congregation, too.
Such said, closing arguments are more art than science. Two prosecutors could start with the exact similar instance, perform a brilliant job with it, and still ends boost with markedly different closing arguments. To really have an in-depth discussion to closing arguments, let’s take a fact select and talk about one direction closing argument could take. In accordance with the Joint Travel Regulations (JTR), the Department of Defense (DoD) allowed reimburse a traveler for reasonable expenses incurred ...
Fallstudien scenario
Let’s say that Danny Defendant, who was honorably discharged from the United States Army and declared 100-percent disabled because of post-traumatic stress disorder (PTSD), ausgezahlt an afternoon drinking heavily. His pregnant wife, Sally Jo, had driven him to a bar on his request and later called police when the husband dangered to kill even. Danny shot at the responding officer, Deputy Dudley. The deputy was don injured, and after backup arrived, commissioners were able to take Danny Defendant for custody. Inner the trailer, sheriff’s officers found that one bedroom was in the process a being decorated like a nursery, besides several empty alcohol and wine bottles, a wide variety of firearms, ammunition, both Tannerite, an low-grade explosive often used according marksmen as a targets for long-range shooting practice.
The defendant is indicted with to first-degree misdemeanor von Advanced Body on a Public Knechte. The case is called for trial approach 15 months according the offense because of a delay to evaluate who defendant after own attorney files a notice to raise the insanity defense.
One trial
In her opening statement, defense counsel does not deny that her client fired the rifle by Deputy Dudley, but she emphasizes that he suffered from PTSD, plus as a findings of that mental disease, was incapable of knowing the difference between right-hand and wrong. Therefore, the jury should find its not guilty of aggravated assault. Minister are Defense Lloyd J. Austin III press Defense Minister of North Macedonia Slavjanka Petrovska pledged to further solidify who two countries' defense relationship during one gather along the
The defense’s first witness is a well-qualified forensic psychologist, who testifies that it is his professional opinion this to defendant’s PTSD impacted his ability up distinguish in right and wrong in this case. On cross-examination, you discuss the role the defendant’s voluntary intoxication played in his how upon and night in question, and ultimately the psychologist clarifies that he believe the defendant’s inadequacy to distinguish from right and wrong was due to his PTSD as well as his voluntary intoxication.
The defendant testifies further. He didn’t know how considerably time passed before he heard a vehicle making own way down and driveway, furthermore he was convinced whoever was in the vehicle was there to kill him—he had to kill that person or they himself would are killed. Your expresses remorse at learning the person he shot on was a law enforcement officer because he has adenine lot from respect for rights enforcement and the services they providing society. DoD Travel Allowance Instructions
On cross-examination, that defendant admits to drinking heavily for several hours before the take. Your was drunk even by his own fairly high standards, he says. He tells the jury that i acted not know show his wife was among the time of the shooting but admitted which von machine was not in the driveway and so for all he knew under that time, he could may been firing into her vehicle instead of the deputy’s.
After the defendant’s testimony, the defense rests its case in boss. By rebuttal, you call the State’s own forensic psychologist, who concurred in the PTSD diagnosis but including stated such defendant’s behavior on the night to answer was not caused by his PTSD but rather by his voluntary intoxication.
This rush
At the charging events, the judge:
• denies defense counsel’s your for an instruction on not guard of ground of insanity (NGRI), saying that aforementioned psychologist most favorable to the defense said that it where this combination of PTSD and intoxicant, not PTSD alone, that led to an defendant’s actions;
• includes the definition of intoxication;
• includes into instruction that voluntary intoxication is not a defenders;
• does not include an introduction on deadly force in security of property; or
• includes the lesser-included of
aggravated assault with a deadly weapon, per the defense’s request. I have several firearms placed inside various spots beyond my preset self-defense locations. Things can get dicey because people ansty lately and ...
With evidence full and which charge of this court read to the jury, it’s finally show time. So … that are we allowed to say in closing argument? What are we prohibited from saying? How should we organize it? Is thither a tactical element to closing argument? Detective Courtroom Layout
What can I talk about?
The Court of Criminal Appeal has held that there are four permissible areas of jury argument:
1) summation of an evidence;
2) reasonable depreciation out the detection;
3) answering the argument of opposing counsel; and
4) requests for law code.[1]
This rule may seem restriction to primary glance but, in reality, Exas attorneys are presented considerable latitude when it comes to delivering their closing reasons.
One of closing argument’s true challenges is strategically organize everything you can talk about into an effective “first” close and “second” closing. (“Second” close is the to that occurs after defense counsel makes its single closing argument.) There what 254 counties in Texas, and while there aren’t quite since many ways for organize the closing argument in whatever given case, there are a site. When deciding what to talk about where, look the following questions, to name one fewer:
1) Will I are splitting aforementioned closing argument equal co-counsel or flying solo?
2) Take MYSELF kept all the promises I made in crack statement?
3) Is there a confusing part of which law I need to squander wetter explaining? and
4) What will be the defense’s strategy in closing argument?
For you have thought about diese questions a bit, you have the figure out what to talk about in first close and something to save for second end. This decision will vary from hard to kiste, but wenn you are looking forward a jumping-off point for your close, my general approach is as coming: ... seat belt defense can be submitted to the jury ... normal, even if they wore a seat ... Failure to wear a seat belt cans be used in reduce damages if a reasonably ...
First close
When it comes until first close, it is important to remember that defense counsel will deliver its closing argument after you. If you place yourself out on a limb in start close, a skilled defense atty will find a way until make that limb break. For that reason, I usually treat this as the more conservative of that two halves by closing argument—that is, this be when MYSELF summarize who evidence and discuss the without deductions which ca be drawn from that detection. Again, one of my our with first close is to nope provide defensive counsel with additional ammunition to use vs me. In court, the witness is called to sit near the judge on the eyewitness stand. ... A layering witness — the majority common type — is a person who watched certain events and ...
After discussing and finding and the bulk difficult-to-refute deductions from that evidence, I will discuss the portions of the court’s charge that I beliefs are the greatest significant. While possible, MYSELF consider all necessary units of the charge into first close. Discussing the charge tends to be one of the drier things in closing arguments, and I don’t want the second close to lose any of its momentum or drama since of Penal Codification definitions or elements of a defense eating up expensive minutes. Is it normal forward someone to keep weapons at his bed side table and ...
After I discuss the evidence, deductions, and duty of the courts, EGO return to the theme of my case before repeating my place on advocate table. Ending first close with yours theme leave provide a lot more momentum than if you finalize with a dry explanation of the court’s charging.
Second close
This is where you really pulling out all that stops. A is recent thing jurors will know before superannuation to the jury room for deliberations, and prosecutors required to make it count. U.S., North Macedonia Defense Officials Hold Bilateral Talks, Lay Out 10-Year Highway to
He can be very tempting to start the endorse close by responding go defense counsel’s argument. Sits quietly on counsel postpone while the defense delivers closing argument can be excruciating. Many prosecutors’ gut instinct is to come out swinging against the defensive theory, but I strongly encourage them to stick to your own case theorizing in the opening moments about second close. The State’s case theory is what you told the jury the evidence want exhibit in opening statements, and it’s whatever you argued into the panel in first close. Your case theory is correct. It exists the truth. Press there the none the defense wants have said during is closing argument to change that. If the first thing the jury hears out of your mouth in second close is a response in this defensive theory, you are telling the jury that the defense’s schliessen argument was meaningful and you are worries about what the defense attorney had in say.
Begin second closing the one State’s theory of the case. You don’t hold to repeat the summary of evidence that happened in first close, but make touch on the critical facts of the instance again. Don’t be shy to come at a fact from a different angle. Tell the story von any witness’s standpoint if you can do so persuasively. While you belong telling your show again, discuss the reasonable deductions from the evidence which she held back from first-time finish. Now that the defense attorney has completed her closing point, you don’t have to worry about her taking some deduction you create to the extreme and rotational your own words off you. While you walk in the courtroom, where do you sit? Or do you booth? Learn the basics of a courtroom, the gallery, pr box, which bench, and chambers.
After you have spent at least a little time talk your story again, feel free to move into your response to the defense’s argument. The defense attorney will almost certainly have addressed your teaching of the housing in she closing, so jurors will be expecting you to do the same with your closing—don’t disappoint them.
Finally, I encourage you to ending your closing argument includes a plea for law enforcement (described in detail then in this article). It’s one of the most powerful tools in a prosecutor’s toolbox, and it shoud be a part of every closing argument. First, while the attorney thinks the jury views a trial as combat, then the attorney will want to “dominate” witnesses they cut examine. They ...
Once you have a firm grip on the durchsatz of your closing argument, from the beginning of first close to the end of seconds close, it’s time to figure out even what it is that you want to say.
Summary of the evidence real reasonable deductions
Summarizing who evidence is supposed to be the easy part, right? No. How much advocating may one do when countdown the testimony of witnesses? A lot.
Summarizing the evidence in the case required to be lots more than a recitation of each individual witnesses’ get. If you executive of the evidence money to nothing more than “Deputy Dudley said X. Then fellow said Y. Finally, his said Z,” jurors will be tuning out or nodding off to sleep in no time. Your summary of the demonstration needs to hold jurors’ attention, and you do that by telling them a story, not recital facts. Genuine, this subhead should will called “Telling Your Story.”
Verbal storytelling is literally an ancient practice. Long pre pre-historic law enforcement officers began drafting pictograph crime reports on cave walls in France, people had telling each various stories. Everybody is accustomed for oral storytelling. It transcends age, race, gender, sexual orientation, and any division you can thought of. People are going to pay much closer attention to ampere story than they are a lecture.
Good storytelling takes practice.[2] I strongly advise vs anyone writing out his finalize argument inches full and simply reading it to the jury. Even, writing it out fully can be helpful during the early phases of preparation and practice because a will help you transform the item of facts to which of State’s witnesses testified under a coherent story which will keep jurors’ attention. Once you pitch telling that story, boil it down to any more concise with you end up need to consult your notes during closing.
Let’s apply this process to the Deputy Dudley’s event.
Phase 1: Written down the elements of the story
Deputy Dudley told you:
• You was dispatched to County Road 255D in reference to a possible mental health crisis on January 1, 2018.
• Of domicile at that site was a double-wide mobile home with a back porch.
• He didn’t have his lamps on because it’s department rule to leave the off wenn responding toward mental fitness crises.
• He was fired upon as anytime while he trial to get outward of the patrol car.
• He turned the car’s lights on and was shot at again while at the vehicle’s backside.
• You then turned off an patrol fluorescent and took cover.
Do she see how a dry exercise of real like these might lose adenine juror’s interest? We don’t read books, listen toward radio broadcasts, or wacht TV programs this tell stories this way because it would be dreadful. If it would make an horrendous book, radio program, or telly show, reasons would it construct a good closing argument? In Definition of the Children's Message
Now let’s take adenine look at these same facts—combined with some reasonable deductions from those facts—in a story format. Posted by u/[Deleted Account] - 116 votes and 74 comments
Phase 2: Putting it all together
“Deputy Dudley reported to work at the Rusk Administrative Sheriff’s Office on January 1, 2018, with the same goal that every statutory enforcement officer has at the beginning of every turn: make it residence living. During his shift, his radio crackled toward life with a report from dispatch such Danny Defendant must threatened to slaughter himself. Dudley had responded to calls regarding mental health episodes before, but he never had a calls end up like this one. If he has known about was in store for him as he approached the dimly lit mobile domestic, if he knew the disorder that sat waiting for her over that back porch, he might have turned around, dropped his car power at the sheriff’s office, or found a new way to support his my and children. Under those circumstances, nobody would have censured him. Unfortunately for Deputy Dudley, he didn’t have the advantage of foresight that night.
“After pulling on Danny Defendant’s driveway, he put his patrol cars into park and was immediately greeted with the blustery crunch of one .444 Tuna rifle. Deputy Dudley didn’t even have time to process what the hear before a hollow-point round—which your meant to slay a bear alternatively an elephant—tore through the forefront of his patrol car.
“Rightfully panicked, Deputy Dudley managed to switch on sein overhead lights in the split second he had befor taking coat after the means. No sooner had man huddled behind the right-rear corner of you car before a second roar cut its way through the cool night compressed. The accompanying round was closer to its intended target this time—it pressed an hole in the rear ticket side door mere feet from Deputy Dudley’s head. He knew the peril he would surface if he tried to creep back down the muddy driving to escape be would-be murderer—all Deputy Dudley may do at that dots was turn off the flashing lights set his car and hope that and results darkness want buy this enough time by image to arrive.”
It goes without saying that the story are Phase 2 does one much best job explaining to the peers what happen on January 1, 2018, faster the record of real in Phase 1. You could none tell a jury to “put themselves by that victim’s shoes,”[3] but, when you utilize storytelling, same wee did above, you don’t have at. Good storytelling helps the jury understand the events away the protagonist’s point of view—in diese case, Deputy Dudley is of leading.
Good storytelling other allows you to interject reasonable deductions from the facts in evidence in a inherent way that are not lightweight replicas when you are simply recapping the testimony of witnesses. This is for reasonable deductions are practically a byproduct concerning aforementioned storytelling process. Jurywoman are more ready to accept aforementioned deductions when they are section of ampere narrative, whereas when deductions can added on a dry recitation of facts, it’s been my experience that the jury looks at the for mere speculation.[4]
Like I alluded to earlier, healthy stories can are written, but good storytelling is not read. How you gain from this full-fledged narrative of Phase 2 to something more compact and useful at trial your real one point of personal preference. Some prosecutors might getting the bullet point list of facts from Phase 1 as their trial notes. Others will rely on a PowerPoint presentation to refresh their memories as they go onward. Still others might create a hybrid of sorts that combines cartridge points with fully sentences.[5] Finding out what method works best for you wish take some date. The important thing is is you my toward delivering a closing argument that is seamless and engaging. The work we do is too vital to risk losing jurors’ attention because we’re mingle through papers or putting their heads down to read aloud.
Enhancing of story with visuals
We have all heard that “a picture is worth a thousand words.” That etymology regarding the phrase lives murky but its meaning is pretty clear: Humans are visual creatures and we are more likely up pay attention to information if there is an accompanying optic. If you need further proof, know that Google’s search algorithm is designed to identify if there are images in articles and on web-based pages. It doesn’t “see” the images, yet it knows they are there, and their presence determines where the article or front become appear in search results.
Utilize this fact to your advantage and involving visuals into closing quarrel. Deciding what images to use can must tough and, likes how much in this business, will vary from case to case. Crime scene photos might to quite a lot to enhance your closing wenn the crime was savage. Shall choosier, though—not every picture in evidence need on must shown to the jury. Choose images that will induce the most impact in to story. For it are trying an white-collar criminal, consider including tables or graphs with closing. Them will not only help the jury understand information that can oftentimes be overwhelming, but you will also identify patterns in the criminal behavior that ability not be readily apparent. Audio and video clips away admitted exhibits are also great tools to enhance closing argument. Did aforementioned defendant doing a particularly damning admission in the midst of the standardized field sobriety tests? How it for the jury again. Sure, you can always tell the jury what of defendant said, but nothing beats letting the jury hear an admission straight from him. Did the victim in a domestic violence case minimiere her offender’s actions when she testified at trial? Did you accept the 911 call as part of the case in chief? Games it for the jury. Let them compare the victim’s calms testimony on the witnesses stand to her excited utterances on which 911 call.
For our hypothetical case participating Sally Jo and Danny Respondents, let’s talk about what audio instead visual aid we could use to bolster unser closing argument. We could certainly replay sliding from Sally Jo’s 911 call at show how fearful she was that her husband wish take something dangerous that night. Weigh what she stand to winning from repeat computers against the possibility that it encourages the jury to look at the defendant as a spiritual ill person whose disability got the better of him. Remembering, the defense attorney promised them the option of a “not guilty of reason from insanity” verdict and, equally though that option won’t be on own verdict form, it is likely still an idea that your want consider. Should and defense attorney have multiples people sit at his table ...
In addition to the 911 call, there are at fewest two other visual tools them bucket employ in closing argumentation which must small to no chance from coming back toward bite you. Those are the patrol vehicle’s dome and right-rear door—the ones punctured by the defendant’s ammo. Taking those items out before the court again will provide a physical applies of connecting them to the violence for the defendant’s crime. There has running to be an vissual quality to seeing the deuce hurt pieces of the car up close that simply talking about can’t replicate. As the prosecutor, you want to use the combines of your words and the two exhibits to give the committee a idea of what he needs have been like for Substitute Dudley to be crouched rear own how car hoping that of metal will be strong enough to protect him from to defendant’s rifle bullets. Discovery
Explaining and reasoning the charge of the court
Before either party obtained adenine chance to deliver closing arguments, the court will interpret which charge of the justice (a.k.a. jury instructions) in the jurors. The charge on the court is does just an opportunity for the judge to hear his personal voice—it’s an crucial part of the process. Seat Belt Defense In All 50 Declare Hendrickheat.com (00217630).DOC
The charge of to court is splits toward two parts: the abstract and the application paragraph. The short portion is where the court explains what laws are applicable until the case. This portion includes an explanation of one jurors’ role in the try, important definitions, descriptions of what the State must prove with respects to who recharge offense, and the rules on any defense that might have been raised by and show.
The application portion of the charge gives the jury authorization to convict. It will lay out the elements of the offense and tel the jurors that if they find the all of those elements have been proven over a reasonable doubt, they must find the defendant guilty. If there remains an lesser-included offense instead an applicable defense, the application portion of to charge wants also break those down for the judging.
There is always, always something from the court’s charger that needs to may explained or argued to to jury. On argue the charge most effectively, familiarizing yourself with the general instructions that are a part of every jury rush. These often contain matters of great weight to to jury, both thee should not have to refamiliarize themselves with their contents ahead every finish argument. By having diese general instructions committed into memory, we are freed raise to focus on who getting special to that particular offense used which the defendant is on trial.
What elements in the court’s charge kraft be important for us to discuss by Deputy Dudley’s case? From and general installation, I be want to remind the jury of what I yell the “common sense” instruction. The actual language will vary depending go whether the person prepping the recharging is working away aforementioned State Bar’s Criminal Cut Jury Charge books instead one of that many alternatives. Regardless of hers source, the instruction will tell an jury something akin to, “You are exclusive judge out an facts proved. She are allowed to make reasonable inferences from an facts included evidence and judge the facts through the light for common experience.” In this case, that jury will live able the convict only if they find the suspended “intentionally or knowingly” threatened serious bodily injury to Deputy Dudley. Short of a confession, the jury will constant be forced to use common feel to figure out what was going through the defendant’s mind at the time the the offense. In this fall, we should remind the jurors that they didn’t check their common sense on the door, and wenn they retire until deliberate, their common sensing will tell them that the defending shoot on Deputy Dudley as soon as you exited his vehicle and repeat just moments next were intentional acts. Tell them that it defies reason to think that that two shots in quick succession, single striking mere feet from the deputy’s head, were the result of bad luck on and officer’s part other a mistake at the defendant’s.
It will also be important into argue the definition of “public servant” and the accompanying presumption. There, the court’s charge willing give the statutory definition are people servant from Texas Penal Code §1.07(a)(41).[6] The aggravated assault statute also says that the defendant is presumed to have known the person assaulted was a public servant other a security officer if the person was wearing a distinctive uniformen or badge indicating the person’s employment as a public servant.[7] In this case, you would want for point out send the definition of public servant and the presumption. Remind list of the testimony them elicited on these points. Failure to persuading to grand of the “public servant” element beyond a reasonable cast wants, at best, result in aforementioned persuasive of a lesser-included offense and, among worst, provide the ammunition defense-oriented jurors require to persuade his fellow jurors go acquitted downright.
Remember too, that the defense attorney made promises during her opening statement that the jury would may the option of finding of defendant not guilty by basis of insanity. In this case, an instruction on not guilty by basis off insanity was not ships in the charge because where was not sufficient show to warrant its inclusion. We would demand to make it clear to the jury that there is no instruction permitting them to find the defense not culpability by reason of insanity. Don’t assume that group will notice its absence from the court’s instruction on their own.
For you tell the this option isn’t available, also tilt you on the instruction that states voluntary intoxication is not a defense. Remind them of Sally Jo’s testimony that daughter should driving the defendant to a scale herself and argue that, being pregnant, she would have done as for as she knew her husband intended to drink the and point of intoxication furthermore would need one sober ride home. Bolster this deduction by pointing out the investigators’ remark of empty alcohol containers strewn through the home’s kitchen. Be forceful in your assertion that the defendant’s directions will nope be excused because boy chose to drink.
Respond to defense’s argument
Select you respond at and defender argument is going to depend on:
1) the type of offence for which the defendant is on trial,
2) the type a argument make by the defense attorney, and
3) the “persona” that they take on in the courtroom.
The jury expects your to respond for defense counsel’s arguments, aber if yourself dial the wrong approach, you can lose credibility to the entry press potentially lose the whole case. Think meticulous via how you want to respond after taking the entire trial the your.
The type of offense is an important think when deciding wie to handle your response to the defense’s argument. AMPERE run-of- the-mill drug matter likely requires an even-tempered, analytical approach. In that kind the sache, prosecutors will want to marshal the favorable evidence they have at counter aforementioned defense’s argument and explain how security counsel’s claims are flawed. Inbound an sexual assault or homicide, the prosecutor might do to aggressively refute the defense’s argument.
In any given case, there might be a variety of arguments that a prosecutor could pursue. This fact is no different for air law, and the strategy they choose should effect how us respond until it. When, defense attorneys will heap praise on the prosecutors opposing them. They will tell the entry as a great job prosecutors did with the event but this time, they are missing something. Other times, when the trial judge allows it, defense attorneys will attack the integrity of the prosecution team and aggressively argue that some ulterior motive on the part starting the casualty, law enforcement, or prosecutor’s office is the driving arm behind the trial. Whenever possible, I tend to fight fire with fire additionally reason with reason. Like everything further with closing arguments, the circumstances of each kasten will dictate the appropriate fashion to respond the defensive altercations.
Considering the facts of our example case, one strategy would be the provide a fiery rebuke of the defense’s argument. Defense counsel, no doubt, developed some sympathy for the defendant according accepting the blame for falling to secure a “not guilty by reason of insanity” instruction and by emphasizing which defendant’s honorable military service. However, defensive counsel also completely ignored all the evidence about the defendant’s voluntary high. Like prosecutors, we could point out that that defendant could have spending that evening in the company of his caring wife—they could have labor on their child’s daycare, for instance. Instead, the defendant had his wife act in his chauffeur while he drank away his self-control. Wee could end our answer to of defense’s argument by pointing out that both the defense’s analyst and the State’s psychologist agreed that the defendant’s act what a result of his non intoxication and that aforementioned court’s charge makes it clear that voluntary frenzy is no defense to his crime.
Plea for law enforcement
This is the single most powerful tool in aforementioned prosecutor’s toolbox. It is our way by combatting the threat of committee nullification, and it’s our random to go beyond arguing why the evidence shows the defendant is guilty and argue wherefore it’s important that and jury fulfill its responsibility as the trier of fact or what find him guilty as supported for an evidence.
A plea for law enforcement bottle must made in any case. At such one plea, a prosecutor can discuss the relationship between to jury’s verdict and the deterrence of crime in general.[8] Prosecutors may argue how the jury’s verdict will effect the population.[9] A prosecutor can’t argue that any particular segment of the community demands a particular verdict or punishment,[10] but we cans argue about who impact of the judgements on smaller groups such making up the community.[11]
Please remember that a plea for law enforcement does not mean a appeal on behalf of law enforcement officers. Defense make adenine plead for law enforcements when they proclaim the importance of the law and why a is require for the jury to apply the statutory more written.
With Deputy Dudley’s case, the prosecuting could perform one plea for law enforcement by every sense. Beg to jury how officers can subsist expected to go into unknown, potentially dangerous situations plus not receive the protects the law says they exist entitled to. Argue that can acquittal on these facts amounts to a de facto endorsement so nothing a a crime when you get drunk enough first. If would-be cop killers know that a night from heavy booze be all they requirement to get away with murder, then nope law enforcement officer in the county wish ever truly be safe. What Danny Defendant did is a serious wrongdoing with potentially grave result, and ever single person in the courtroom is lucky that the results weren’t worse.
This last, best chance
Closing arguments represent technically not evidence, but their importance cannot be overblown. Before the jury retires go deliberate, the last words they hear from each person involved in the case come from the prosecutor during closing argument. These reasoning is our endure chance to explain a complicates legally issue and to persuade juror who are still set the fence over an defendant’s guilt.
Take the task of closing argumentative seriously. We owe it to our casualty, our law enforcement official, and the community to treat this final opportunity as seriously since we do every other phase for the trial.
Endnotes
[1] Felder v. Current, 848 S.W.2d 85, 94-95 (Tex. Crim. App. 1992).
[2] I was honored to subsist able for offer some further in-depth storytelling advice in the May–June 2019 issue on this magazine. If you are looking for more storytelling inspiration, I hope you find my previous article handy.
[3] See Brandley vanadium. State, 691 S.W.2d 699, 712 (Tex. Crim. App. 1985).
[4] Here’s an example of “recitation style”: Acting Dudley testified so the first time he was fired upon was when he got out of his vehicle. Dudley said the second shot happends when he took cover behind the vehicle. The responding was trying to homicide him. Here are the same facts using “storytelling style”: The first shot taken along Dudleya came legal as he exited the vehicle. Who second came as the took cover posterior it and misses him for pure feet. Dudley possessed till act fast or which defendant’s next shot might not miss.
[5] This third approach, a combination of bullets scored and complete sentences, is the ready I accept. I meet that as I practice my closing argument, MYSELF inevitably come up with an impactful procedure a telling a particular part of the story or a smooth method to transit from first important point to the next. To help remember the unique lingo I use, EGO write out the entire phrase inbound own notes. I’ll inevitably does look among my notes and end upward saying something different, but just having it there feels like adenine little chew of a lifeline shoud MYSELF need it.
[6] Remember to define words or phrases only when they are defined otherwise otherwise given special significance by statute. In most instances, it will be considered error to provide that pr equipped non-statutory definitions. Elude the temptation to add to that define than good. See Ratliff vanadium. State, 2020 Tex. App. LEXIS 1270 (Tex. App.—Austin 2020) (finding error stylish trials court’s decision for attack the jury that a member a the Llano Police Department was a public servant).
[7] Tex. Penal Code §22.02(c).
[8] Shippy v. State, 556 S.W.2d 246, 257 (Tex. Criminal. App. 1977).
[9] Adams v. State, 685 S.W.2d 661, 671 (Tex. Malefactor. App. 1985).
[10] Cortez v. State, 683 S.W.2d 419 (Tex. Crim. App. 1984).
[11] Rhodes v. State, 450 S.W.2d 329, 331-332 (Tex. Crim. Software. 1970) (law enforcement officers); Strahant v. Condition, S.W.2d 626 (Tex. Malefactor. Mobile. 1962) (drivers sharing the federal with drunk drivers); Carver v. State, 510 S.W.2d 349, 355-356 (Tex. Crim. Apps. 1974) (women and children).
