In a prior post on this topic, I addressed permissible jury argument. In this post and one that follows [editor's note: coming next week], I address impermissible argument. The courts have identified several types of arguments that are improper. They include: Abusive Arguments. During a closing argument a lawyer may not become abusive. G.S. 15A-1230(a); N.C. R. Super. and Dist. Cts. Rule. 12 (“Abusive language [is] prohibited”); State v. Matthews, 358 N.C. 102, 111-12 (2004) (inappropriate to refer to the defense case as “bull crap”); State v. Jones, 355 N.C. 117, 127 (2002) (citing the statute); see also State v. Gillikin, __ N.C. App. __, 719 S.E.2d 164, 171 (2011) (gross impropriety where the prosecutor engaged in abusive name-calling and expressed his opinion that defendant was a liar and was guilty). Lack of Dignity or Propriety. During jury argument lawyers must conduct themselves with “dignity and propriety.” N.C. R. Super. and Dist. Cts. Rule 12; see also Gillikin, __ N.C. App. __, 719 S.E.2d at 171 (entire argument was undignified). Arguments Appealing to Passion or Prejudice. It is improper to make an argument designed to appeal to the jurors’ passions or prejudices. See, e.g., Jones, 355 N.C. at 132-33 (reference to the Columbine school shooting and Oklahoma City federal building bombing was an improper attempt to lead jurors away from the evidence by appealing instead to their sense of passion and prejudice). Lack of Candor and Unfairness. “The conduct of the lawyers before the court and with other lawyers should be [...]
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