The 4 Minute Drill
I’ve never won a case in closing arguments.
Closing is where we preserve the win we’ve already earned. We’re unlikely to win a case in closing argument, but we sure can lose it there.
This series isn’t about #baseballandforensics, but think of a pitcher who is a closer at the end of the game. He comes in to save the win.
How does closing fit in to football?
The team with the lead in the 4th quarter must preserve what was already created.
Many have heard of the “2 minute drill” — the change in philosophy the trailing team must have as the clock is running out. They have to move fast and sometimes recklessly to try to catch up.
But there is also the “4 minute drill” that applies to teams who have the lead and want to achieve solid gains, maintain possession of the ball, take less risk, and run time off the clock. In essence, the team in the lead wants to play “keep away” from the opponent and give them no opportunity to come back. Preserve the win.
In court, much attention is given to closing arguments. Books are written about them. It is where lawyers can engage in pure argument and oral flourishes.
For defense lawyers, closing arguments are usually the place where they try to “catch up” and sow doubt into the minds of jurors. They can take risks.
For prosecutors, we can easily lose a case in arguments. We run the risk of losing the case not only with the jury but also on appeal if we make an improper argument that a judge thinks violates a defendant’s rights.
Thus, we generally want to move the ball steadily, preserve the lead we should already have from putting together a strong case, and take as little risk as possible with our rhetoric. Think solid, not spectacular. Matter of factly tie proof to elements and explain that you did what you said you would do in opening statements. Leave the defense no opening. Play keep away…
2018: CHS vs. Lafayette: Having engineered a seemingly impossible 2nd half comeback down 26 points, Matthew Neff, EIT preserved that lead late in the game with several solid plays in 3rd and long situations, helping his team salt away the game and run out the clock.
2022: U.S. v. RL and KL: I began my closing arguments with a rhetorical device of a simulated phone call between a defendant and victim. It was attention-getting, but not risky. It illustrated a specific point from the trial about the defendants’ repeated deceptions. After that brief flourish, I methodically reviewed the evidence, tied it to the offense elements, and used repetition to make it stick, play keep away, and run out the clock.
Convictions.
#footballandforensics
