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Testing your ability to object in closings

By Karl R. Keys, Esq.

From our friend Anne at Deliberations, a simple test as to what is and is not objectionable in closings, at least in the Fifth Circuit (the answers will surprise you). In the the trial that led to Fifth Circuit’s United States v. Gracia opinion yesterday, defense counsel argued that the federal agents were lying. The prosecutor responded with the following arguments. Which ones are permissible inferences from the evidence, and which are impermissible vouching? Here you go: “First, the prosecutor expressed his opinion to the jury that the agents were ‘very, very credible’ witnesses (’Statement One’). “Second, the prosecutor asked the jurors rhetorically whether they thought that an agent ‘who has worked as a law enforcement agent for many years, that is his career, that is his chosen life, a man from this area, a man with a family, do you think that he would throw all that away by taking this stand and taking an oath and lying to you to get Mr...continue to full post

Full post as published by Capital Defense Weekly on April 04, 2008 (boomark / email).