Closing arguments should be more than a summation of the evidence.
For most of the trial the attorneys are limited to arguing the facts, what the evidence shows, and how it should be applied to the law. However in closing arguments the attorneys are given broad discretion to argue their case. Unfortunately attorneys fail to use this broad discretion, and only give a summation of the case in closing arguments.
Attorneys should try to develop a tool box of rhetorical devices they can use to argue their case in closing arguments. Many of these rhetorical devices will be based on the three Means Of Persuasion. This includes using your closing argument to motivate jurors (pathos), analogizing the facts to other situations (logos), and discussing why they should believe your witnesses (ethos). Many attorneys will find analogize for their arguments that uses a visual picture.
Jury instructions on weighing the evidence, including special jury instructions can be useful in closing arguments to attack certain pieces of evidence. Jurors will likely put more weight in statements from the court than a statement from the attorney. Courts routinely give cautionary jury instructions about the evidence.
CONCLUSIONS
While reviewing the evidence is important, your closing argument should go beyond mere summarization. By using rhetorical devices, analogies, and jury instructions, you can make meaningful gains and leave a lasting impression on the jury.
