the prosecution
Who gives the closing argument in a criminal case?
The people who most commonly speak at a sentencing hearing are the prosecutors, the defense attorney, the victims, and the defendant. Rule 32 of the Federal Rules of Criminal Procedure grants both the defendant and defense counsel the right to speak to the court before a …
What happens at a criminal trial?
7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-09-01_13-27-00. In television dramas, closing arguments are the height of the trial: The prosecutor and defense lawyer each deliver an emotional plea for justice. In real life, closing arguments are a way for the attorneys to pull together all the evidence for the jury—they're intended ...
What can an attorney not do in a criminal case?
Both parties are seated in the courtroom. In a criminal trial, this includes the prosecuting attorney for the government, as well as the defendant and their defense attorney. In civil cases, both the plaintiff and defendant, and their respective attorneys, if any, need to be present. The attorneys will begin by making their opening statements. The attorneys use this time to give the jury an …
When does the prosecution or plaintiff rest their case?
In some countries (e.g. France or Germany), in criminal cases, the defendant's counsel always makes their closing argument last, after the public prosecutor or any other party. Sometimes the defendant is allowed to address the court directly after his or her counsel's closing argument.
Why does the prosecutor get the last word?
The plaintiff gets the last word at trial because the plaintiff has the burden of proof in the case. The plaintiff has to prove each issue in controversy to a preponderance of the evidence (prove it is more likely than not) to prevail.
What is the correct order of closing arguments?
The plaintiff, having the burden of proof, usually has the right to give her closing argument first, followed by the defendant's closing argument. In many jurisdictions, the plaintiff may use all of the allotted time, or the plaintiff may reserve time (e.g., ten minutes) to use after the defendant's closing argument.
Who speaks at closing arguments?
In a civil case, this means that a closing argument will be made by both the plaintiff's lawyer and the defendant's lawyer, whereby the plaintiff is the one who brought the suit and the defendant is the one being sued.
Does prosecution get the last word?
The defendant usually goes second. The plaintiff or prosecution is usually then permitted a final rebuttal argument. In some jurisdictions, however, this form is condensed, and the prosecution or plaintiff goes second, after the defense, with no rebuttals.
What is the standard of proof in a criminal trial?
The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial. The defendant must be found guilty “beyond a reasonable doubt,” which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.
What happens after prosecution closing speech?
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.
Who has the burden of proof?
For example, in criminal cases, the burden of proving the defendant's guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt. In civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence.
Who goes first when presenting opening statements in a criminal trial?
Presenting the case Once the opening statements have been made, the plaintiff's attorney begins presenting his or her case first. The plaintiff's lawyer introduces the evidence supporting his/her case, and puts witnesses on the stand, and conducts a direct examination.
Can you object in closing arguments?
Most jurors find objections during closing argument to be rude. Accordingly, do not object unless opposing counsel makes a major mistake that prejudices your client. Sometimes it is better to let a mistake go by (such as a reference to nonexistent evidence) and address the mistake in rebuttal.
Who gets the last word in a criminal case?
the prosecutionIn a criminal trial, the prosecution gets the last word, and if it chooses to, may rebut yet again after the defense's closing argument. The judge overseeing the trial will then instruct the jury.
Who gets the last rebuttal?
plaintiffBecause the plaintiff or government has the burden of proof, the lawyer for that side is then entitled to make a concluding argument, sometimes called a rebuttal . This is a chance to respond to the defendant's points and make one final appeal to the jury.Sep 9, 2019
Does defense or prosecution get last word?
In the penalty phase in California, where "neither side has the burden of proving that one or the other penalty is the proper one...," the defense is given last argument.Jan 1, 2000
What happens to evidence before trial?
Prior to trial, the court may have suppressed evidence obtained in violation of the defendant’s rights under the exclusionary rule, or it may have ordered the parties to exclude certain evidence based on a party’s motion in limine.
What can a jury do after a guilty verdict?
If the jury enters a guilty verdict, the defendant can bring post-trial motions, such as a motion for judgment of acquittal or a motion for new trial . If the court denies a defendant’s post-trial motions, the defendant may proceed to an appeal.
What is the best part of the criminal process?
The trial is perhaps the best-known part of the criminal process, but it is only one of many stages of a criminal case. Very few criminal cases ever go to trial. Prosecutors and defendants frequently reach plea agreements, by which the state might agree to reduce the charge to a lesser offense in exchange for a guilty plea.
What is a motion for a direct verdict?
At the close of the state’s case, a defendant can move for a directed verdict or a judgment of acquittal, which asks the court to rule that the evidence presented by the state is “insufficient to sustain a conviction.”. Most courts are limited in their discretion to grant motions like this.
Do you have to prove innocence to a prosecutor?
Since prosecutors have the burden of proving guilt, a defendant does not have to prove innocence. A defendant does, however, have the burden of proof for certain affirmative defenses, such as self-defense, entrapment, or insanity.
What is a jury charge?
Jury Charge. The judge issues instructions to the jury, known as the jury charge, including questions related to the elements of the charged offense. Both the state and the defendant can submit proposed jury charges to the court.
What are jury instructions?
Jury Instructions. Jury instructions are commonly drawn from federal or state pattern jury instructions. Often, each side will revise the pattern instructions for the judge’s consideration, but they may also draft their own. Jury instructions are especially important on appeal, when errors may result in an overturned conviction.
What is the role of the victim in a criminal case?
It used to be that the victim played a minimal role in a criminal prosecution. The victim's only job, if any, was to testify at trial about the circumstances of the offense. Now victims participate more, from the beginning, when they are involved in prosecutors' pretrial investigations, to later, when they give statements in court to the judge during sentencing hearings.
What is Rule 32?
Rule 32 of the Federal Rules of Criminal Procedure grants both the defendant and defense counsel the right to speak to the court before a sentence is imposed. As can be expected, the prosecutor's comments will tend to highlight aggravating factors in the crime and past criminal behavior on the part of the defendant.
What is the victim impact statement?
This statement may include the victim's version of the offense and detail any physical, psychological, or monetary damage the victim suffered as a result of the crime.
How long is a lenient sentence?
If a defendant has no criminal record and mitigating circumstances justify a lenient sentence, the judge might impose a prison sentence of five years and a $5,000 fine. On the other hand, if the defendant has a long history of violent crimes and shows no remorse, the judge could impose the maximum 20-year sentence.
Can a defendant speak on their own behalf?
No one, not even defense counsel, may be able to speak as persuasively as the person facing the sentence. Thus, defendants also have a right to speak on their own behalf before the judge imposes the sentence. This is known as the defendant's right of allocution.
What is the closing argument in a trial?
An effective closing argument ties together all the pieces of a trial and tells a compelling story. Generally, closing arguments should include: any reasonable inferences that can be draw from the evidence. an attack on any holes or weaknesses in the other side's case.
What is the purpose of closing arguments?
In real life, closing arguments are a way for the attorneys to pull together all the evidence for the jury —they're intended to appeal to jurors' reason, not just their passion.
What is a witness in a trial?
A witness is someone who has personal knowledge of a situation that may be helpful to the jury in deciding the outcome of the case. This personal knowledge is shared with the judge and jury through a series of questions between the witness and the plaintiff’s attorney or prosecutor. This is called direct examination.
What is the opening statement of a trial?
1. Opening Statements. Every trial proceeds in basically the same way. Both parties are seated in the courtroom. In a criminal trial, this includes the prosecuting attorney for the government, as well as the defendant and their defense attorney . In civil cases, both the plaintiff and defendant, and their respective attorneys, if any, ...
What is the most common type of evidence?
Actually, the most common type of evidence is provided by witness testimony . Often witness testimony may be the only evidence presented. It’s up to the jury, or the judge in a bench trial, to decide the true facts from what is said by each party and each witness.
What are some examples of expert witnesses?
Physical evidence – Physical objects and documents can be used by either side to prove or disprove issues. An example would be DNA, fingerprints, or a photograph. All witnesses must swear or affirm that their testimony will be truthful.
What is the purpose of evidence in a case?
Evidence. Objections. Evidence is used by the parties to prove or disprove unresolved issues in the case. There are rules in place to govern how evidence is collected, what evidence can be admitted in the case, and how the judge and jury may consider evidence to render a decision.
How long does it take to get a sentencing hearing?
A criminal defendant who is found guilty, or who voluntarily pleads guilty, is scheduled for a sentencing hearing approximately 90 days after the verdict. This gives the U.S. probation officer time to research and prepare a pre-sentence report for the judge. This report is used by the judge to determine punishment for the crime. The judge’s primary goal is to order punishment that is suitable for the crime committed, but no more than needed. Other goals include keeping the community safe, deterring similar crimes in the future, and rehabilitating the individual to prevent them from committing future crimes. The judge also wants to avoid unfair differences in sentences for similar crimes committed by different defendants. Types of punishment can include imprisonment, house arrest, supervised release, substance abuse treatment, counseling, educational training, payment of fines and/or restitution. When assigning the appropriate punishment, the judge uses the advice of U.S. Sentencing Guidelines . These guidelines take into account the seriousness of the offense, and the criminal history of the person. For some types of crimes, there is a mandatory minimum sentence set by federal law. In many cases, there may be a term of imprisonment, followed by a period of supervised release . During that term of release, the offender will be supervised by a U.S. probation officer while living back in the community, and will be required to adhere to various conditions.
Who bears the burden of proof in a civil case?
They are just statements, however, and cannot be considered as evidence by the jury. The side bringing the case is the side that bears the burden of proof, and thus always goes first. This is the prosecuting attorney in a criminal case, or the plaintiff in a civil case.
How Many of Trials Actually Go to Court?
In TV and movies, pretty much any time someone files a case against someone, it only takes a couple of days and scene cuts to get from situation to deposition, and finally, to court. And honestly, it would be great if that happens in real life.
But Which Cases Actually Do Go to Trial?
In theory, any case –big, small, criminal, civil, etc. –can potentially be tried in court.
How Long Does a Trial Last?
Again, it depends on the complexity of the case, but on average, a trial will last anywhere between three days and up to years (the McMartin Preschool Abuse case actually too seven years). Usually, trials that require a jury (civil and criminal cases, mostly) will take a few days and up to a few months, while trials that only require a judge (i.e.
Structuring The Argument
- In structuring the closing argument, it is important to: 1. Use a simple, logical structure that repeats the theme introduced in the opening statement; 2. Build on that theme while refuting the prosecution's witnesses and conclusions; 3. Answer the questions you think the judge or jury mi…
Goals and Techniques
- The goal of the defense lawyer's closing argument is to tie together the defense's evidence in a strong and persuasive manner for the judge or jury. During closing arguments, the defense lawyer should: 1. Humanize the defendant: use the defendant's name, share positive facts about his/her life, help the judge or jury connect with the defendant; 2. Discuss the relevant law to the defenda…
Delivering The Closing Argument
- Prepare the closing argument early, anticipating the evidence, witnesses, and issues likely to arise during trial. However, the closing argument won’t be finalized until all the evidence is delivered and the prosecution has given their closing argument. So the amount of emphasis placed on certain evidence may change depending on the trial. Nonetheless, there are simple techniques that sho…
Sample Themes For A Defense Lawyer's Closing Argument
- Themes are ways of neatly connecting the defense's arguments throughout the case. A good theme can persuade a judge or jury or aid in recall of key facts. Focus on finding a short, memorable phrase that encompasses the central emotion or theory of the casewhich can be referred to throughout the trial. Several common themes are:
Stages of A Criminal Trial
- The trial is perhaps the best-known part of the criminal process, but it is only one of many stages of a criminal case. Very few criminal cases ever go to trial. Prosecutors and defendants frequently reach plea agreements, by which the state might agree to reduce the charge to a lesser offense in exchange for a guilty plea. Trials must follow certain procedures that are intended to maximize t…
Voir Dire
- Defendants have the right to a trial by jury in many criminal cases, including all trials in the federal criminal system. A jury is usually empaneled just before the beginning of trial. The process of interviewing prospective jurors is known as voir dire. Both the prosecutor and the defense may ask prospective jurors questions in order to identify ...
Opening Statements
- Once a jury is empaneled, each side may present opening statements summarizing the case that it intends to present.
Prosecution Evidence and Witnesses
- The state presents its case first. It has the burden of proving the defendant’s guilt, including all of the elements of the indicted offense or offenses, beyond a reasonable doubt. It can call witnesses and offer other evidence in order to meet its burden of proof. Prior to trial, the court may have suppressed evidence obtained in violation of the defendant’s rights under the exclusionary rule, …
Motion For Directed Verdict
- At the close of the state’s case, a defendant can move for a directed verdict or a judgment of acquittal, which asks the court to rule that the evidence presented by the state is “insufficient to sustain a conviction.” Most courts are limited in their discretion to grant motions like this. See Carlisle v. United States, 517 U.S. 416 (1996).
Defense Evidence and Witnesses
- The defendant may present evidence and call witnesses to rebut the state’s case. The defendant is not obligated to testify, nor may the state call him or her as a witness due to the Fifth Amendment’s privilege against self-incrimination. Since prosecutors have the burden of proving guilt, a defendant does not have to prove innocence. A defendant does, however, have the burde…
Closing Arguments
- Each side may make closing arguments once it has finished presenting evidence. The arguments summarize their cases and identify flaws in the opponent’s arguments or evidence.
Jury Charge
- The judge issues instructions to the jury, known as the jury charge, including questions related to the elements of the charged offense. Both the state and the defendant can submit proposed jury charges to the court.
Jury Deliberations and Verdict
- The jury retires to deliberate over the evidence. In some cases, jurors are sequestered during the deliberation period, but usually they are simply instructed not to discuss the case with anyone. If the jurors cannot reach a unanimous verdict, the judge may declare a mistrial.
Post-Trial Motions
- If the jury enters a guilty verdict, the defendant can bring post-trial motions, such as a motion for judgment of acquittal or a motion for new trial. If the court denies a defendant’s post-trial motions, the defendant may proceed to an appeal. Last reviewed October 2021
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