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Review Your Case
Analyze the Facts:
- Analyze the Facts:
- Conduct a Proof Analysis: Make a detailed and objective checklist detailing the facts that support or test each element of the offense, any defenses, lesser included offenses, etc. Id.
- Consider theRealIssues of the Case: Why is this case at trial?Is the real issue the failure of one element of the offense or is it an affirmative defense? Or, does the case have a theme that does not amount to a legal defense, but presents extenuating and mitigating factors so that jury nullification or light punishment is reasonably expected? Id.
Outline Closings: Using your analysis of the facts and law:
- Outline Closings: Using your analysis of the facts and law:
- Frame your argument, use the military judge’s instructions verbatim for the law, and marshal the facts in a persuasive way to prove the point. Id . at 5.
- Prepare the opposite side’s closing (or rebuttal) argument using the same method.
- After these two exercises, sit back and consider possible ways in which you could effectively bolster your case.