MSBA TRIAL SCHOOL -THOUGHTS ON CLOSINGS –
Diane M. Dodd
I sent out some emails asking for advice on closings to pass along to Trial School
attendees. I have listed some of the responses below:
Ramsey County Judge:
My pet peeves:
1. Don't repeat your arguments.
2. Don't read your closing.
3. Approach the jury, be personal, peak their interest.
4. DO NOT SPEND 20 MINUTES DEFINING PROOF BEYOND A
REASONABLE DOUBT. If you can't explain it in 5 minutes, you've lost the
jury.
Ramsey County Public Defender:
1.
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Prepare, but remember you are not the only one closing—be flexible & responsive
to the prosecutor’s closing.
Don’t rehash everything the prosecutor just said—just zero in on your points—
keep it short.
Prosecutors are usually dry and boring—jazz it up—be entertaining—move around
the room—use exhibits, but be careful you don’t get too close—they complain
about attorneys invading their “personal space.”
Focus on science, if you have it—juries love CSI stuff.
Mention that you only get to speak once & the prosecutor gets 2 bites at the
apple—make yourself look like the underdog.
Hopefully you prepared your case with a theme/theory. Don’t forget to end with
it.
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Ramsey County Judge:
As I talk to Jurors. They often say they do not like it when defense attorneys disparage the
state’s attorney or main witness. They find it insulting. They find it much more persuasive
to talk about facts than about the people.
Hennepin County Judge:
Don’t use a powerpoint if you’re just going to be reading it! 
Ramsey County Prosecutor:
1.
The shorter the better. I have never given a closing longer than a half an hour. The
defense could be longer as they do not get rebuttal. I am not all that convinced
that anything we say makes a huge difference anyways, but the last thing you want
to do is babble on and on.
2.
Address right away whatever the big issue in the case is (e.g., did the defendant
participate or aid and abet or was he merely present). Save all the boring stuff (the
elements, legal concepts, etc.) for the end when they are sleeping. Address the
important witnesses, decisions, or whatever it is the case comes down to. They can
read the charges, the elements and all the other stuff in the court’s instructions. If
you talk about it, make it short.
3.
No cute stuff or speeches or personal examples. Do not ever talk about yourself. “I
told you I was going to do this….or prove this….or I think this…..”
4.
Never object during your opposing counsel’s argument unless it is clearly error.
5.
Use no notes or as little notes as possible. I write out my argument as I am
preparing. But by the time I give it, I have one piece of paper with words on it just
to remind myself of what I have to cover.
6.
Be overly respectful to the defendant, opposing counsel and of course the
judge. Never make fun of or mimic their arguments. You look like an idiot. The
more professional the better.
7.
As a prosecutor, always end talking about the victim or public safety. The whole
dang trial is about the defendant and whether the defendant gets a fair
trial. Remind them that the victim is as important as is public safety.
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8.
Whenever talking about the law or the elements or a legal concept, refer to the
Judge. “Judge Jones is going to tell you…” or “Judge Jones told you…”
9.
Stand close to the jury box. Look them in the eye. Talk slow. No theatrics.
10.
Read trial transcripts. You soon realize that you sound like an idiot. Learn your
verbal ticks or the annoying things you say and fix them.
11.
As the prosecutor, get out of the way when you are done. Go sit on the side of the
table so you are not in defense counsel’s way.
12.
Sit quietly and do not make faces or react or do anything else annoying while
defense counsel is arguing. It is unprofessional and reflects badly on you. If you
have to do anything or respond to anything, quietly take notes. Or if you are doing
what I am usually doing which is making a grocery list or other lists of things I have
to do now that the trial is over, do not let the jury figure out that you are barely
paying attention to what defense counsel is saying.
13.
Try and use your exhibits. We spend so much time putting them in, but I have seen
closings where no one refers to them. If you are putting up pictures or diagrams or
using evidence, stop talking and give them a minute to look at whatever you are
talking about. In closings as in trial, always identify what you are talking about for
the record.
14.
Go watch people give closings. We all have our unique styles and figure out
eventually what works and does not work. But the more you watch, the more you
can see what does and does not work and how a jury responds.
Ramsey County Judge:
The best advice I can give is to tell a story that paints a picture of what happened, a story that
makes sense, a story that jurors can follow. In the absence of facts that support such a story by
a defendant, the argument of reasonable doubt and presumption of innocence should also be
one that makes sense, a common sense argument that jurors can understand. Give jurors
reasons to agree with your position my client is innocent or the state has not proven the case
beyond a reasonable doubt OR give the jurors reasons to agree with your position that the
defendant is guilty and the state HAS proven the case beyond a reasonable doubt.
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