Needs to communicate in a few sentences what the theme and theory of the case is.

theory is the thesis statement of the case. Should understand by the end of the hook what my perspective is, what the core of my argument is going to be. Theme is how I animate it, how I try to make an emotional connection with the jury. Match the seriousness of the subject matter. Themes: ticking time bomb (guy is about to explode, inevitable he was going to commit the crime); Hook: theres no way he could have committed the crime b/c that not what happened; father had to do what he thought to do, and if he was wrong, it was an honest mistake; RoadMap Road map, sign posting (now lets talk about hooks, now lets talk about road maps), Need to tell us how were going to get where were going (road map), and sign posting, signaling whats coming. Law and the burden of proof want it to be minimally sufficient. Really only need to talk about burden of proof or maybe some elements of it, but should be able to do so in a full sentence or two. What you want to do in the road map is summarize main points (2 or 3 points). Want to limit your arguments. Dont want to avoid dealing with the most damaging bad facts against you, dont avoid things that are the core parts of the case, try to let the theme and theory to control the arguments. Want to spend some time addressing bad facts against you. Sometimes you can find ways to make a bad fact into a good fact. What is and is not an argument: o It is not a summary of facts of the case. o It is not just an analysis of the law. Dont spend all the time on what the law is and what the law should be. o Closing argument is how the facts of the case connects with the law and shows why your side should win. o The source of the law is in the jury instruction and somewhere else. i.e. the fact that the father wants to protect his children is implicitly revealing a rule of the law. o Make sure your closing argument is addressed to a jury and not a judge. o Dont try to be heavy handed, for ex like through policy such as we dont want to encourage this criminal going rampant! The Conclusion

recency and primacy important. Bad facts bury in the middle, good facts and emotional connection parts where you will have the attention of the jury. Concluding paragraph needs to be short. Conclusion will need to end with a call of action, a verdict that makes the only sense. Dont make any arguments about how the dollar argument attaches to the liability. Things to avoid: o Dont make references to what attorneys personally think about the case i.e. We wouldnt be prosecuting if we didnt think he was guilty. o Dont ask the jury how would they like it if they were in the situation.