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The Mississippi Lawyer Spring 2015 31 Talking to The Jury Opening Statements and Closing Arguments grab her. They drag her into a near- by field... ...and they tie her up... ...then rip off her clothes.They climb on. First one then the other... ...rap- ing her... ...shattering everything innocent and pure... ...with a vicious thrust... ...in a fog of drunken breath and sweat. And when theyre done... they use her for target practice. So they start throwing full beer cans at her. They throw them so hard... ...that it tears the flesh all the way to her bones. Then they urinate on her. Now comes the hanging. They have a rope. They tie a noose. Imagine the noose coiling tight around her neck... ...and a sudden blinding jerk. Shes pulled into the air and her feet go kicking.... They dont find the ground... The hanging branch... ...isnt strong enough. It snaps and she falls... ...back to earth. So they pick her up... ...throw her in the back... ...drive to Foggy Creek Bridge... ...pitch her over. And she drops...down to the creek bottom. Can you see her Her raped... ...beaten... ...broken body... left to die. Can you see her I want you to picture... ...that little girl.... Now imagine shes white. The defense rests.7 Mythical attorney Jake Brigance knew several of the keys for an effective closing argument. For attorneys in the real world the following is a brief outline to help your next closing argument be a success. 1. When To Start Preparing Closing Argument Closing arguments are the final phase of a trial. So many people wait until the end of the trial to start planning what they are going to say to drive home the points of their case. This is a mistake. An effec- tive closing argument should actually begin during discovery and pre-trial preparation. For example in an automobile acci- dent case you will probably inspect the scene and the vehicles. Also although you may not yet know the theory of liability you will probably take numerous photo- graphs of each vehicle. Later on in dis- covery depositions the defense attorney can set up closing by thoroughly examin- ing the plaintiff about the severity of the impact. Q. BY DEFENSE ATTORNEY Could you describe the force of the impact Mr. Smith A. BY PLAINTIFF JOHN SMITH Oh it was so hard my body got thrown all around the car and my dentures flew out of my mouth. Q. Did the impact damage your vehi- cle A. Yes sir the whole back bumper was pushed in. Q. So would you say that your vehi- cle suffered severe damage in the wreck Continued on next page LAWYERS JUDGES ASSISTANCE PROGRAM A S S I S T A N C E I S U P P O R T I C O N F I D E N T I A L I T Y C O N T A C T U S For confidential help call the Lawyers and Judges Assistance Program at 1.800.593.9777 You can also visit our website Lawyers Assistance Program link on The Mississippi Bar website www.msbar.org