jury argument
practice  tips  &  tactics 1
making the most of your talent

copyright  © 2001   Ray Moses
all rights reserved


TACTIC  1 - CLARIFYING THE INSTRUCTIONS 

In order to do its job of deciding whether the facts fall within the instructions, the jurors have to understand the instructions. If the jury doesn't understand any favorable portion of the court's instructions that are crucial to your case theory, the blame is yours.

As part of your preparation for argument, develop a short attention-getting introduction to your discussion of the instructions. Reduce the complex legalese of any critical instruction to its lowest common denominator, explaining the purpose and application of the instruction. To get your point across during argument, display a visual image of the instruction using a blow-up, an overhead projector, a video platform (Elmo), or a computer generated presentation, e.g., PowerPoint. As an adjunct or alternative to displaying the instruction, you may want to request the trial judge to permit each juror to have a copy of the court's instructions during the jury argument, the court's reading of the instructions, and the jury deliberations; if necessary, offer to underwrite the copying cost for the additional copies. Having personal copies of the instructions will promote freer discussion and understanding of the law among the jurors. It will also dilute the foreperson's power during deliberations.
Prosecutors must be certain to link the legal definition of the offense to the proven facts, Likewise, defenders must translate the vagaries of the legal definition of the defense into layman's language. Each side should ensure that the jurors understand what the judge' means when he tells the jurors that they are the "exclusive judges of the facts proved and the credibility of the witnesses."










TIPS AND TACTICS II
TIPS AND TACTICS III
TIPS AND TACTICS IV
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