Thursday, December 8, 2011

The Robinson Case Closing Arguments

This post if for freshmen only.



 
Before we begin, sit together with your group in the lab and plan out your division of labor.



Directions: 
You and a small group are a team of lawyers on the Tom Robinson case.  You are either on Atticus’ team (the defense) or on Mr. Gilmer’s team (the prosecution).  You and your fellow lawyers will compose closing arguments to the Tom Robinson case.  The purpose of the closing argument is to convince the jury to either convict (find guilty) or acquit (find innocent) Tom Robinson. Each closing argument should have five sections:



I. The Opening: (short)
Begin by thanking the jury for its participation in the legal process, and stress how much you appreciate its patience and complete attention throughout the trial. Then begin with an attention-getting hook that incorporates the major issue or theme of the case.  Remind the jury of the prosecution's burden of proving quilt beyond a reasonable doubt and the defendant's legal right to the presumption of innocence.

II. Summary of the Case: (short)
Summarize the entire case briefly in your closing arguments. Organize your summary of the case as if you were telling a story, pointing out each of the key people and relevant events as if they were characters in a novel's plot. This should be easy, since it is a novel. This approach may help the jury to envision and accept your argument as the truth.

III. Laying Out the Evidence: (longer)
Choose strong examples of specific evidence to refer to during your closing arguments. Most jurors will remember evidence that they can see or hear, so prepare to use it during your presentation to highlight the key statements of the witnesses to the case.

IV. Countering the Opponent: (longer)
Refer to arguments you think your opponent is likely to make in her closing arguments. Present a line of reasoning that challenges each of the main points you anticipate your opponent will try to make. Being prepared to address these arguments may help you undercut the effectiveness of your opponent's closing arguments. Exploit what you feel are weaknesses in your opponent’s case. Attack the credibility of the other side's witnesses. Underscore the absence of evidence if you are the defense attorney.  Emphasize the strength of the evidence if you are the prosecution. Challenge the other side's weakest claims.

V. The Final Appeal: (short)
Conclude your message with strength, restating your theme and asking for a verdict of acquittal or conviction.



Elements of an effective argument:
Is your closing statement written to appeal to the core values and entrenched views of jurors in your case?  In Maycomb, this is a big, big deal.  Look at who is on the jury, and what their beliefs and prejudices are.  Think about their attitudes about race, social class, gender and education before you compose a speech to them.

Does your speech have a clear beginning, middle, and conclusion? Does the body of your argument build to a climax at the end?  Do you build to a major point? An emotional appeal?

Criteria:
This project is worth 50 points.  One polished draft should be submitted on behalf of the whole team; however, each section should include the name of lead student who spearheaded the section. (Divide the labor, and explain just how you did so.) Mechanics and style counts. Remember to speak directly to the jury. Convince them of your point of view. Be persuasive.

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