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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 trust 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, 1997]
Closing
Argument
[Winning Trial Advocacy Techniques blog]
Videos:
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
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]
O.J. Simpson: [Beginning September
26, 1995] Argument over Exhibits to be Used in Closing Arguments: pt.1
(the clip begins with news coverage; the trial begins at 7:54 mins
into the clip) :: pt.2
Arguments over Prosecutions Closing Continues: pt.3
:: pt.4
:: pt.5
(Marcia Clark begins the Prosecution's Closing Argument at 8:32 mins
into pt.5 of the clip) :: pt.6
:: pt.7
:: pt.8
:: pt.9
:: pt.10
:: pt.11
:: pt.12
:: pt.13
:: pt.14
:: pt.15
:: pt.16
:: pt.17
:: pt.18
:: pt.19
:: pt.20
::
pt.21 :: pt.22
:: pt.23
:: pt.24
:: pt.25
:: pt.26
:: pt.27
Prosecution Closing Argument (Chris Darden) pt.28
:: pt.29
:: pt.30
:: pt.31
:: pt.32
::
pt.33 :: pt.34
:: pt.35
:: pt.36
:: pt.37
Defense Closing Argument (Johnnie Cochran) pt.38
:: pt.39
:: pt.40
:: pt.41
:: pt.42
:: pt.43
:: pt.44
:: pt.45
:: pt.46
:: pt.47
:: pt.48
:: pt.49
:: pt.50
:: pt.51
:: pt.52
:: pt.53
:: pt.54
:: pt.55
:: pt.56
:: pt.57
:: pt.58
:: pt.59
:: pt.60
:: pt.61
:: pt.62
:: pt.63
:: pt.64
:: pt.65
:: pt.66
:: pt.67
:News Coverage|Barry Scheck pt.68
:: pt.69
:: pt.70
:: pt.71
:: pt.72
:: pt.73
:: pt.74
Defense Closing (Johnnie Cochran) pt.75
:: pt.76
:: pt.77
:: pt.78
:: pt.79
Defense has completed its summation/Prosecution Closing Argument (Chris
Darden): pt.80
:: pt.81
:: pt.82
:: pt.83
:: pt.84
:: pt.85
:: pt.86
:: pt.87
(Chris Darden & Marcia Clark): pt.88
:: pt.89
:: pt.90
:: pt.91
(Marcia Clark & Hank Goldberg): pt.92
(Hank Goldberg)
pt.93 (Marcia Clark): pt.94
:: pt.95
::
pt.96 :: pt.97
:: pt.98
:: pt.99
:: pt.100
Jesse Brooks Trial: Defense's
closing arguments in Jesse Brooks trial
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"
Atticus
Finch in "To Kill a Mockingbird" [alt.
source]
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)
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