Gerry Spence & the Art of AdvocacyProfessor James R. Elkins College of Law | West Virginia University |
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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 Closing Argument Spence: Simulated Closing--Lee Harvey Oswald case Gerry Spence on Closing Argument Spence's "Famous Final Plea" in Closing Argument Brief Commentary on Spence's Closing in the Randy Weaver Trial Readings "Although the lawyer's range of choice is circumscribed by the evidence, by the substantive law, by procedural rules, and by the stock scripts that shape everybody's notions of what a closing argument should look like, lawyers nonetheless retain the pwoer to construct widely diverse tales beneath a superficial semblance of sameness and conventionality." [Anthony G. Amsterdam & Randy Hertz, An Analysis of Closing Arguments to a Jury, 37 N.Y. L.Sch. L. Rev. 55, 58 (1992)] 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) Drew Findling, Closing Argument: Tapping the Human Experience, 42 Mercer L. Rev. 659 (1991) Closing Argument: Other Views
Closing
Argument Videos How to Deliver Closing Arguments Closing Arguments What Is Closing Argument? Use of Metaphors in Closing Arguments George Zimmerman Trial Defense closing argument :: pt2 :: pt3 Conrad Murray Trial Prosecution closing argument :: pt.2 :: pt.3 :: pt.4 :: pt.5 :: pt.6 :: pt.7 :: pt.8 :: pt.9 :: pt.10 :: pt.11 :: pt.12 :: pt.13 :: pt.14 :: pt.15 Defense closing argument :: pt.2 :: pt.3 :: pt.4 :: pt.5 :: pt.6 :: pt.7 :: pt.8 :: pt.9 Prosecution rebuttal argument :: pt.2 :: pt.3 Trial Judge's Instructions to the Jury Casey Anthony Trial Defense closing argument :: pt.2 :: pt.3 :: pt.4 :: pt.5 :: pt.6 :: pt.7 :: pt.8 :: pt.9 Prosecution closing argument :: pt.2 Catherine Wilkerson Trial Closing
Remarks of Defense Attorney "Buck" Davis Interview with Catherine Wilkerson [8:29 mins.] :: [pt.2] [7:33 mins.] :: [pt.3] [7:41 mins.] :: [pt.4] [8:33 mins.] Orange Taylor III was accused of killing an Eastern Michigan University student, Laura Dickinson Eastern Michigan University 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] [Jury 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) 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 Jury Begins Deliberations In Kenney Trial Kenney Jurors Revisit Shooting Scene Kenney Sentenced To Life Without Parole [Search Warrant] [Motion for Change of Venue] Mark Jensen Case: Closing Arguments Defense Gains Ground 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] Louise Woodward Audio of State's Closing Argument Jesse Brooks Trial: Defense's closing arguments in Jesse Brooks trial Lester Street Murder Trial Opening Argument: Lester Street Murder Trial Lester Trial Verdict Atticus Finch in "To Kill a Mockingbird" [alt. source] Misc. Reenactment of Atticus Finch's Closing Argument in To Kill a Mockingbird 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 Closing Arguments to a Jury in a Complex Criminal Case, 30 U.S.F. L. Rev. 931 (1996) ____________, "Desperate for Love III": Rethinking Closing 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)
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) Stephen A.Saltzburg, Closing Argument Vouching: Crossing the Line,
18 Crim. Just. 42 (2003) Return to: Homepage |