Here is a template and suggestions for writing a defense closing: Good morning ladies and gentlemen of the jury, my name is so-and-so, and again, I’m the defense lawyer for [defendant]. [ This introduction and identification of what side you are on is important because in mock trials each side can have 5 or 6 lawyers, unlike a real trial.]
HOW TO WRITE A DEFENSE CLOSING ARGUMENT FOR MOCK TRIAL
- The Greeting. ...
- The Thank You. ...
- Lack of Evidence. ...
- Echo Themes and Theories. ...
- Critiquing the State's Case. ...
- Burden of Proof. ...
- Highlight the Testimony from Your Witnesses. ...
- Conclusion.
What are some examples of a closing statement?
How to Write a Defense Closing Argument for Mock Trial Good afternoon, my name is …, and again I am the defense lawyer in this case. In the case that the prosecutor has presented to you today there is insufficient proof to convict. We would ask for a verdict of not guilty. [Echo or refer to the theme that you referenced in your opening ...
How to make a defense opening statement?
Connect with the judge or jury: address them directly in the closing, show deference, emphasize their power and responsibility; Prepare and memorize as much of the closing argument as is practical in advance, given the likelihood of adding new facts. Sample Themes for a Defense Lawyer's Closing Argument
How to write a good closing argument?
The closing attorney has a lot more flexibility than the opening attorney. Closing is a persuasive argument. Briefly review what has to be proved (by you or the other side) Theory of the case. One or two sentences which tell the jury what the evidence has …
What is an example of a closing argument?
How do you present a closing statement?
Anatomy of a Closing Argument : The BasicsFocus on the key issues.Identify witness testimony and exhibits supporting each issue.Tell a the client's story.Reinforce case themes.Help the jury tie things together in their mind.The organizational structure will vary depending on the case.
How do you write a defense statement?
A strong defense opening statement will do the following:Tell a story. ... Plant the defense themes. ... Make concessions only with great caution. ... Make the defense case concisely. ... Humanize the defendant. ... Make no promises about the defendant testifying. ... Argue the defendant's case. ... End on a high note.
How do you write a closing argument in a criminal trial?
You can structure any closing argument in any criminal case the same way. You need to break down what the elements of the offense are, and how each element is met. During your closing argument, you should also anticipate the points that the defense may bring up during their closing.
How do you write a closing speech in court?
Structuring your closing speech A brief outline of the law in the case; • A summary of the evidence that has been heard in court that proves your case; • A short reminder of the burden of proof. about in questioning, even if they are in the witness statements; Write your speech as notes not as a script.
What is a defence statement?
In criminal proceedings, a written statement setting out in general terms the nature of the accused's defence. A defence statement must comply with the requirements set out in the Criminal Procedure and Investigations Act 1996.
How do you start a defense letter?
Write "Dear Judge (last name)," to start your letter. Note that you use "the Honorable" when referring to the judge, but use "Judge" when addressing him or her in person.
What is a good closing statement for a debate?
Closing arguments include a recap of what's been discussed, but don't spend a majority of your time repeating what's already been said. Focus on the most powerful reasons why your argument holds true and what might happen if your line of reasoning is ignored.
What is a closing statement?
A closing statement, also called a HUD-1 statement or settlement sheet, is a form used in real estate transactions with an itemized list of all the costs to the buyer and seller.
How do you write a good opening statement?
Opening Statement ChecklistState your theme immediately in one sentence.Tell the story of the case without argument.Persuasively order your facts in a sequence that supports your theme.Decide whether to address the bad facts in the opening or not.Do not read your opening statement. ... Bring an outline, if necessary.More items...•Oct 30, 2015
What does Defence closing speech mean?
When all the evidence has been given, the prosecution and then the defence will make their closing speeches when they will try to convince the jury of their respective cases. Finally, the judge sums up. This means they will go over the facts of the case and tell you, the jury, about the relevant law.
How long should a closing speech be?
“A good speech should be like a woman's skirt: long enough to cover the subject and short enough to create interest.” Typically, in a 3 – 5 day trial this means 30 to 45 minutes; if the trial has lasted a couple of weeks then perhaps up to an hour.
The Greeting
Good morning ladies and gentlemen of the jury, my name is so-and-so, and again, I’m the defense lawyer for [defendant]. [This introduction and identification of what side you are on is important because in mock trials each side can have 5 or 6 lawyers, unlike a real trial.]
The Thank You
- It has been a pleasure to appear before you in this important case. We appreciate your attention throughout this matter, and we thank you for listening to both side equally as you promised you would do in jury selection.
Lack of Evidence
- In the case before you this week, the district attorney has presented insufficient evidence to convict. We are asking for you to return a verdict of not guilty verdict. [Explain the doubts that have arisen. Doubts can arise from the evidence presented or a lack of evidence presented. For example, if the prosecutor’s witnesses made concessions that helped you, you need to emphasi…
Echo Themes and Theories
- Was this case a rush to judgment? Was this a sloppy investigation? Was this the result of a biased investigation? It is hard to talk about themes in the abstract. To brainstorm themes for your case, consider what themes are used when you see real or fictional court cases that you see on TV or in the movies. A starting point is to say “This case is about _____” and then fill in the blank.
Critiquing The State’S Case.
- [It is important to attack the reliability or credibility of the State witnesses. Point out any inconsistencies in the statements of the witnesses, and explain why witnesses might have a motive to lie. Did the police have the proper training and experience? Were the expert witnesses qualified? What should have been done by the police, that wasn’t? What could have been done b…
Burden of Proof
- The defendant does not have to prove he is innocent, rather it is the burden of the prosecutor to establish that the defendant is guilty. The government has not met that burden. It is the prosecutor who has all the resources to investigate a case. It is not the job of the defendant to go out and investigate the case. [It is possible to appeal to juror’s sense of patriotism at this point] …
Highlight The Testimony from Your Witnesses
- [If you have called witnesses, or if your client has testified, reiterate how this has cast doubt on the allegations, and how the evidence you presented help show that your client is not guilty.]
Conclusion
- We would ask you to render the only verdict that is fair, not guilty. [As with any public speaking, you need to be really clear with what you want and what you are seeking.
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