or a jury trial (999, 1001), the prosecution should acknowledge that the use of such terms is extreme, but that they have only chosen the words to best describe the crime at issue here. From there they should move the motive issue. A good way to do this and tie in the prosecution’s theme would be to point out that the reason that the murder was so “cold blooded” was precisely because there was no motive.The prosecution’s case probably rests on the motive issue. The prosecution should make a large point that they agree with Darrow that there was no motive and move quickly to point out that, that is precisely what makes that crime inexcusable and worthy of the death penalty. The prosecution should proceed to explain why having no motive makes the crime worse that others, not better. They should point out that having a motive can often mitigate the punishment an the further away and less personal the motive gets, murder for hire, in an escape, the more serious the punishment. So where there is no motive, the murder is most serious.Darrow claims that because there is no motive, so it is not the cruelest. The prosecution should lead the judge to see that it is because there is no motive that the crime is so cruel. This should lead the prosecution to the victim. Because the victim did not suffer does not mean that the death penalty is not in order. The prosecution should explain that the victim did nothing to provoke this except walk on a public street. This should lead into the implications of not giving the severest punishment to the people who randomly kill innocent people, children, walking down the street. The prosecution should return to the theme that the fact that there was no motive is what makes this crime so terrible.The prosecution could take one of Darrow’s metaphors, spider and fly (1013) and use it. The prosecution should explain that this was not two spiders and a fly, but it was Leop...
