Trial judges rightly have broad discretion in how they handle the cases before them. That is because we recognize that justice isn’t a matter of geometric form or algebraic equation. In a jury trial, we strive to make sure juries get it right. Even so, experience teaches that some practices are better than others. So let’s consider closing arguments, and the rules, or rulings, governing them.
In the neat and tidy world of hornbooks, jurors decide facts, judges decide the law and tell the jury what the law is, and the lawyers are mere advocates, presenting such evidence as they believe advances their client’s interests.
