A NADCL program.  Studies tell us jurors have pretty much made up their minds regarding guilt by the end of opening statements, and if at the end of opening the defense is not at least even with the prosecution, it becomes very difficult to make up lost ground. Just as true, if you aren’t already close to winning, your closing argument won’t do it. Themes and stories help the jury get to where they need to be; to feel what they need to feel to vote your way. People vote with their hearts, not their heads. You cannot “pull it out” in closing, but unfortunately you can lose it there. If you are in the running – which you should be – then closing can make all the difference.