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The Mississippi Lawyer Spring 2015 33 5. The Golden Rule Argument Is Improper It is tempting to ask the jury to put themselves in the shoes of a victim and award the same compensation that they would want if they were the injured plain- tiff. This is called the Golden Rule argu- ment. However it is improper for counsel to argue that the jury should place itself in the position of one of the parties or in a criminal case in the position of the vic- tim.10 The Mississippi Supreme Court artic- ulated the rule in Copiah Dairies Inc. v. Addkison 153 So.2d 689 694 Miss. 1963. Apparently this Court has not passed upon the Golden Rule argument. Attorneys have always been allowed considerable latitude in arguing to the jury so long as the argument does not exceed proper bounds.... It is a fundamental tenet of our system that a man may not judge his won case for experience teaches that men are usually not impartial and fair when self-interest is involved. Therefore it is improper to permit an attorney to tell the jury to put themselves in the shoes of one of the parties or to apply the Golden Rule. Attorneys should not tell the jury in effect that the law authorizes it to depart from neutrality and to make its determina- tion from the point of view of bias or personal interest. We hold it was not error to sustain the objection to the argument. Thus an attorney should not use the do unto others as you would have them do unto you argument during closing. 6. Telling A Story In Closing Argument Great closing arguments often weave the theme of the case into a story. For example an attorney who wanted to stress the fact that his client only gets one day in court and that the jury should award the maximum amount of damages told this story. The Phone Call. Why is your decision so important Why is it so significant I want you to imagine that 15 years from now that I get a phone call from my client. He calls me and says The verdict is not enough. Im having medical problems and theres no money for it. I need some more money. Get that jury back together they didnt consider this and tell them they didnt give me enough. It isnt fair. I want my leg. And Ill have to tell him We cant get them together. Their decision is final. Thats it. Its binding. What you have is what you got. So he hangs up the phone and calls the judge in the case. The judge will have to tell him Im sorry. I told them to be fair and that their verdict is final. That their decision would have to last your whole life. So he calls the defense attorney. And the defense attorney tells him Ill tell you just like I did in court. Its too bad you got hurt but its your fault. Then the defense attorney hangs up on him. Your verdict is final and has to stand the test of time.11 This is a great way to highlight the finali- ty of the jurys decision. Obviously this is a stripped down version you should add your own details to make it more dramatic and fit your style. I ______ 1 Mauet Trial Techniques 4th Ed. p. 43. 2 Mauet Trial Techniques 4th Ed. p. 44. 3 Mauet Trial Techniques 4th Ed. p. 43. 4 Mauet Trial Techniques 4th Ed. p. 45. 5 httpwww.adweek.corrilsocialtimesattention- spans-have-dropped-from-12-minutes-to-5-sec- onds-how-social-media-is-ruining-our-minds- infographic87484redst 6 Mauet Trial Techniques 4th Ed. p. 49. 7 See httpwww.script-o-rama.commovie_scripts ttime-to-kill-script-transcript.html Last checked May 15 2013. 8 See Mississippi Model Jury Instructions. 9 Mauet Trial Techniques 4th Ed. p. 363. 10 10Corlew The Mississippi Jury Law and Practice 187 p. 260. 11 This Closing Argument was presented by attorney Peter Law Esq. at the Southern Trial Lawyers Fall Conference. See httpwww.sctriallaw.comtrial- techniques-great-closing-argument-to-show-that- client-only-gets-one-trial.htmlLast Talking to The Jury Opening Statements and Closing Arguments