The Champion

July 2012 , Page 28 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

Time out for Summation: The Use of Timed Breaks In Summation for Greater Juror Retention

By Jay Ruane and Jim Ruane

This article will address a novel concept in the structure of a closing argument. For 18 years, the esteemed Pozner and Dodd have educated the trial lawyer on the effective use of primacy and recency in building a cross-examination.1 Our theory suggests that the use of the same techniques can be used in a closing argument to deliver a more effective message when it is formatted to allow the juror to retain more defense-oriented information in a single closing argument. Support for this will come not only from scientific principles, but also courtroom practices that highlight nuances in the criminal defense lawyer’s technique to grab hold of a juror’s mind.

In a criminal trial, the prosecution is allowed the opportunity to give both an opening and a rebuttal closing argument because they bear the burden of proof. Oftentimes, the prosecution will “save” important points for the rebuttal closing argument in order to maximize the ability of the juror to retain the prosecution’s message. Thi

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.
login

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.

In This Section

Advertisement Advertise with Us
ad