JURY SPEECHES
Michael Meehan
Advocate
Black Chambers
JURY SPEECHES
The jury speech is the reason advocates exist.
It is their weapon, their art, the moment for persuasion.
Some say the advocate’s greatest weapon is cross-examination.
Not so
A good speech can recover a bad cross-examination.
But a bad speech can lose an otherwise winnable case, even after a
good cross-examination, especially if your opponent makes a good
jury speech.
[The Devil’s Advocate – Iain Morley QC]
Michael Meehan, Advocate, Black Chambers
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JURY SPEECHES
Whether the arena is personal, political, or the
courtroom, the fundamentals of effective persuasion are
always the same.
Jurors want a consistent story.
Jurors want a simple story.
Jurors don’t care about the details.
Jurors want the big picture.
[27 Powers of Persuasion – Chris St. Hilaire]
Michael Meehan, Advocate, Black Chambers
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ESSENTIAL FEATURES OF A SPEECH
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Structure
Clarity
Appropriate language
Interesting delivery
Deals with the issues and difficulties of the case
Contains an explanation as to what the pleader wants
Contains an explanation of why that is reasonable and
appropriate
Michael Meehan, Advocate, Black Chambers
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QUALITIES OF A JURY LAWYER
The essential qualities of a pleader are of particular
importance in a jury trial.
The greatest asset that a pleader can have is the trust of the
jury. If the jury comes to realise that the pleader has the
answers and that they can rely on the suggestions the pleader
makes then the jury are more likely to do what the pleader
wants.
Throughout the trial, pleader must constantly be seen as fair,
responsible, reasonable and reliable.
This needs to be carried through to the speech.
Michael Meehan, Advocate, Black Chambers
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SEVEN TIPS FOR JURY SPEECHES
Seven key tips:
1. Avoid rehearsing evidence – your speech is about
commenting on the evidence
2. But make sure that you have an accurate note of the
evidence e.g. were prior statements actually adopted?
3. Think carefully about what the judge is likely to say to the
jury about matters of fact
4. Always carry a copy of the annotated Criminal Law
Statutes and a copy of the Jury Manual
5. Be aware of recent cases
6. Reflect on what you feel worked well and what didn’t
7. Always listen out for new material to reset into your next
speech
Michael Meehan, Advocate, Black Chambers
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JURY SPEECHES
Further points to consider:
• Before the trial starts, work out what you would like to be able to
say in your speech
• As the trial progresses, identify the strengths and weaknesses of
the Crown and defence case
• Write out the comments you will make about the strengths and
weaknesses
• Do you have legal submissions on the evidence
• Think carefully about how you will start your speech
• Will there be a particular emphasis in your speech
• How will you opponent deal with the above points
• How long should it last? 5 minutes per trial day
• You do not need to give an indication of how long your speech will
last or how long is left. But, if you do, make sure you stick to it.
Michael Meehan, Advocate, Black Chambers
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THE “IT WIS’NAE ME” JURY TRIAL (1)
Conducting the “It wis’nae me” jury trial
Experienced prosecutors and defence lawyers will have a
mental checklist of features which bear on the reliability
of “fleeting glance identification”. It is a list of features
they will consider against their analysis of the case.
A useful starting point is your PDF copy of the Jury
Manual. The index is contained on pages xxiii to xxxi.
Matters which frequently arise in jury trials are dealt
with individual chapters.
Chapter 16 Identification – The Need to Take Care
Michael Meehan, Advocate, Black Chambers
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THE “IT WIS’NAE ME” JURY TRIAL (2)
Possible direction – Chapter 16.2:
“You’ll need to take special care in assessing the quality
of this evidence. You may want to consider:
1) Opportunity, fleeting glimpse or longer, time, clearly
visible, sighting obscured in some way?
2) State of lighting?
3) Previously known or stranger?
4) Easily distinguishable feature or not?
5) How positive were the identifications, in court or at
parade? Reasons picked out?
6) Memories been affected in any way?
Michael Meehan, Advocate, Black Chambers
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THE “IT WIS’NAE ME JURY TRIAL” (3)
In preparing for trial as defence lawyer, identify the different
features which the prosecution will be keen to emphasise to
the jury and the features which the prosecution will be keen
to avoid e.g. drink and drugs consumed by witnesses
During the trial, listen to the evidence and ask yourself what
is the other side likely to say about it? Is it likely that the
other side will want to avoid mentioning it? If so, make a note
to watch out for this. Point the omission out to the jury.
The prosecution speech can be trickier in that the prosecutor
has to judge what, if anything, to say in anticipation of what
the defence may say.
Michael Meehan, Advocate, Black Chambers
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CROWN AND DEFENCE CASES
The biggest difference between the Crown and defence is
that the prosecutor is seeking to piece together a
growing entity. It requires to be interlinked throughout
so that by the end it is strong and cogent enough to
withstand the attacks which will be mounted against it.
The defence on the other hand need only concentrate on
one aspect of component of the case. If the defence
succeed in attacking the reliability of even one
component of the case this may be enough.
Michael Meehan, Advocate, Black Chambers
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Michael Meehan, Advocate, Black Chambers
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