NCJ Number
108200
Journal
Mercer Law Reivew Volume: 37 Issue: 3 Dated: (Spring 1986) Pages: 1033-1066
Date Published
1986
Length
34 pages
Annotation
This article categorizes and illustrates the different types of improper prosecutorial closing arguments.
Abstract
The most popular is the appeal to passion or prejudice, including appeals to law and order, patriotism, or prejudices. Another type violates the accused's privilege against self-incrimination by commenting on failure to testify, call witnesses, or speak after arrest. Another type involves references to matters outside the record such as the availability of unused evidence, misstatements of law, or predicting consequences of the verdict. Other improper arguments entail statements of personal belief, such as characterization of defense testimony as false or vouching for the credibility of prosecution witnesses. The final type concerns improper remarks about the defense counsel's integrity, tactics, or ethics. Advice also is offered on how to avoid the pitfalls of the 'invited response doctrine' that permits the prosecution to respond in kind to an improper defense argument. Finally, practical pointers are provided to assist defense lawyers in ensuring that closing argument errors are transcribed and preserved. 231 footnotes.