Gerry Spence & the Art of Advocacy

Professor James R. Elkins College of Law | West Virginia University

 

 

 

 

Gerry Spence on Closing Statements: " Closing the Deal--The Final Argument," in Gerry Spence, Win Your Case 223- 278 (New York: St. Martin's Press, 2005)

"The only cases that can be won in the final argument are those that have not been previously lost. On the other hand a good case can be lost in those fatal, final moments." [Spence, Win Your Case, at 224]

"We have asked the jury to turst us. But we must also trust ourselves. . . . We turn inward for our power. Is it there? Has it forsaken us? Will the words come? We feel a sense of helplessness. We try to locate the fear. Where is it? . . . We take a deep breath and look up at the jury. Then we hear our own voice . . ." [Id.]

Spence's "Famous Final Plea" in Closing Argument
[Virginia Injury Lawyer Blog]

Readings

Philip N. Meyer, Making the Narrative Move: Observations Based upon Reading Gerry Spence's Closing Argument in the Estate of Karen Silkwood v. Kerr-Mcgee, Inc., 9 Clinical L. Rev. 229 (2002)

Ann M. Gill, The Oral Tradition of Gerry Spence in Pring v. Penthouse, 17 Sw. U. L. Rev. 693 (1988)

Drew Findling, Closing Argument: Tapping the Human Experience, 42 Mercer L. Rev. 659 (1991)

Closing Argument: Other Views

Using Your Voice in Closing Argument
[Charles L. Becton, Trial]

Closing Argument by Atticus Finch in To Kill a Mockingbird
["The Courtroom as Theater," Trichter & Murphy, Houston, Texas]

Closing Argument
[Winning Trial Advocacy Techniques blog]

Videos:

O.J. Simpson Trial

Johnnie Cochran: O.J. Simpson Trial

Catherine Wilkerson Trial

Closing Remarks of Defense Attorney "Buck" Davis

Interview with Catherine Wilkerson :: [pt.2] :: [pt.3] :: [pt.4]

Orange Taylor III was accused of killing an Eastern Michigan University student, Laura Dickinson

Eastern Michigan Universiy Murder Trial: Defense Closing Argument :: [pt.2] :: [pt.3] :: [pt.4] :: [pt.5] :: [Mistrial] [Defense Lawyer Talks About the Mistrial] [Juror Speaks About Her Vote to Acquit] [Juror Votes to Convict]

Prosecution's Closing Argument in the EMU Case :: [pt.2] :: [pt.3 (fiber testimony)] :: [pt.4] :: [pt.5]

Taped Interview with the Police (3rd day of the trial)

Serologist Testimony

Sean Fitzpatrick Trial

Prosecution Closing Argument

Randy Gioia Defense Attorney Closing Argument :: [pt.2]

Defense Counsel at Sean Fitzpatrick trial

Sean Fitzpatrick Charged With Shooting Michael Zammitti

Jason D. Friedman, Esq. talks about Sean Fitzpatrick murder

John Kenney Trial

Closing Arguments

New Development In John Kenney Murder Case

Jury Selection Starts for the John Kenney Murder Trial

Kenney Trial Jurors Visit Crime Scene

Day Two of the John Kenny Trial

Kenney Defense Portrays Victim As 'Aggressive'

Kenney Defends Actions To Jurors

Grimes' Brother Testifies At Kenney Trial

Army Colonel Testifies On Kenney's Behalf

Jury Begins Deliberations In Kenney Trial

Kenney Jurors Revisit Shooting Scene

Attorneys Rest in the Trial Against John Kenney

Final Witnesses Called In Kenney Trial

Kenney Sentenced To Life Without Parole

The Trial of John Kenney [Search Warrant] [Motion for Change of Venue]

Mark Jensen Case

Closing Arguments

Opening Days of the Trial

Defense Gains Cround On Cross-Examination Of Witnesses

Teacher: Julie Jensen Said She Feared Husband

Judge: Jury Will See Dead Woman's Letter

Pornographic Pictures At Center Of Jensen Trial

Bank Robber Testifies In Jensen Trial [snitch testimony]

Phone Recordings Take Center Stage At Jensen Trial

Jensen's Defense Questions Accuracy Of Lead Investigator

Jensen Trial: Family Doctor Testifies

Judge Delivers Mark Jensen His Sentence

Jensen's Attorney Reads Letter To Judge From Sons

For Jury, Decision Didn't Come Easily

Jensen Family Reacts To Verdict

Motion For Appeal Filed In Wife Poisoning Trial

John Henry Horton

Post Verdict Press Conference followed by Prosecutor's Closing Argument :: [pt.2] [Horton Found Guilty In 2nd Murder Trial] [Horton's first conviction was overturned based on the trial court's error in admitted evidence of an alleged incident of sexual molestation. See: State of Kansas v. John Henry Horton, 283 Kan. 44, 151 P.3d 9 (2007)]

Shawna Nelson Trial

Prosecution Closing Argument (Rebuttal) :: [pt.2] :: [pt.3] :: [Background on the Case]

Closing Argument in Hollywood Lawyer/Legal Films:

"A Time to Kill" (the John Grisham movie) Defense Closing Argument

Frank Galvin's Closing Arugment in "The Verdict"


Misc.

Reenactment of Atticus Finch's Closing Argument in To Kill a Mockingbird
[Attorney John G. March performing Harper Lee's Atticus Finch for Black History Month]

Justice Robert H. Jackson's Closing Argument, Nuremberg, July 26, 1946 :: [The Nuremberg Trials] [Nuremberg War Crimes Trials Open] [Justice Robert H. Jackson Cross-Examines Defendant Hermann Goering at Nuremberg] [Robert H Jackson Cross Goering re Persecution of Jews] [Robert H Jackson Cross Exam of Speer] [Robert H Jackson, Goering & Lord Lawrence at Nuremberg] [Rudolf Hess at Nuremberg, Admitting He Faked Loss of Memory] [Nuremberg Trials Verdict]

Bibliography

Philip Meyer's Writings

Philip N. Meyer, "Desperate for Love": Cinematic Influences Upon a Defendant's Closing Argument to a Jury, 18 Vt. L. Rev. 721 (1994)

____________, "Desperate for Love II": Further Reflections on the Interpenetration of Legal and Popular Storytelling in Clsoing Arguments to a Jury in a Complex Criminal Case, 30 U.S.F. L. Rev. 931 (1996)

____________, Desperate for Love III": Rethinking Clsoing Arguments as Stories, 50 S.C. L. Rev. 725 (1999)

Books

Michael S. Lief, H. Mitchell Caldwell & Benjamin Bycel, Ladies and Gentlemen of the Jury: Greatest Closing Arguments in Modern Law (New York: Scribner, 1998)

Michael S. Lief & H. Mitchell Caldwell, The Devil's Advocates: Greatest Closing Arguments in Criminal Law (New York: Scribner, 2006)

[The Devil's Advocates includes a chapter on Gerry Spence's closing argument in the Randy Weaver/Ruby Ridge killings case.]

Joel J. Seidemann, In The Interest of Justice: Great Opening and Closing Arguments of the Last 100 Year (New York: Regan Books, 2004)

Articles

H. Mitchell Caldwell et.al., The Art and Architecture of Closing Argument, 76 Tul. L. Rev. 961 (2002)

Charles L. Cantrell, Prosecutorial Misconduct: Recognizing Errors in Closing Argument, 26 Am. J. Trial Advoc. 535 (2003)

J. Allison DeFoor, II, Prosecutorial Misconduct in Closing Argument, 7 Nova L.J. 443 (1983)

Daniel P. Levitt, Rhetoric in Closing Argument, 17 Litigation 17 (1991)

James H. Roberts, Jr., The SEC of Closing Arguments, 23 Am. J. Trial Advoc. 203 (1999)

Stephen A.Saltzburg, Closing Argument Vouching: Crossing the Line, 18 Crim. Just. 42 (2003)

Prosecutorial Misconduct

Charles L. Cantrell, Prosecutorial Misconduct: Recognizing Errors in Closing Argument, 26 Am. J. Trial Advoc. 535 (2003)

_______________, Prosecutorial Misconduct: Closing Argument in Oklahoma, 31 Okla. C.U. L. Rev. 379 (2006)

Michael D. Cicchini, Prosecutorial Misconduct at Trial: A New Perspective Rooted in Confrontation Clause Jurisprudence, 37 Seton Hall L. Rev. 335 (2007)

J. Allison DeFoor, II & Joseph J. Kalback, Jr., Prosecutorial Misconduct in Closing Argument: Remedial Measures, 8 Am. J. Trial Advoc. 397 (1985)

Warren Diepraam, Prosecutorial Misconduct: It is Not the Prosecutor's Way, 47 S. Tex. L. Rev. 773 (2006)

Peter A. Joy, The Relationship Between Prosecutorial Misconduct and Wrongful Convictions: Shaping Remedies for a Broken System, 2006 Wis. L. Rev. 399


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