The closing statement is the attorney’s final statement to the jury before deliberation begins. The attorney reiterates the important arguments, summarizes what the evidence has and has not shown, and requests jury to consider the evidence and apply the law in his or her client’s favor.
The closing speech is the final attempt to address the court. It needs to integrate the evidence that has been heard with your theory of the case. Both the Prosecution and the Defence have the opportunity to give a final speech. The closing speech should be short, but long enough to cover the ground and make any final impact.
May 17, 2011 · A closing argument is delivered by an attorney at the end of a trial, after all of the evidence has been presented, witnesses and experts have been questioned, and the theory behind a prosecution or a defense has been given. A closing argument is the last chance an attorney has to address the judge and jury.
Under the Sixth Amendment, defendants have a right to present a defense. They are also entitled to give a closing argument. Usually, the prosecution first makes a closing argument, then the defense attorney. The prosecutor, who has the burden of proof, frequently gets the chance to respond to the defense's final argument.
Objective: The closing statement is the attorney's final statement to the jury before deliberation begins. The attorney reiterates the important arguments, summarizes what the evidence has and has not shown, and requests jury to consider the evidence and apply the law in his or her client's favor.
You· and each of you, do solemnly swear (or affirm) that you will well and truly try this case before you, and a true verdict render, according to the evidence and the law so help you God? (Oath to jurors on trial) You have the right to remain silent. Anything you say may be held against you in a court of law.
The lawyers' closing arguments or summations discuss the evidence and properly drawn inferences. The lawyers cannot talk about issues outside the case or about evidence that was not presented. ... In their closing arguments the lawyers can comment on the jury instructions and relate them to the evidence.Sep 9, 2019
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.
In most jurisdictions the jury determines what crimes the defendant is guilty of, but has no say in the sentence at all. Yes, if the judge feels the sentence is inconsistent with the evidence, he or she can alter it up or down, but won't exercise this right if it is within the sentencing guidelines for the offense.
The definition of a verdict is a decision, opinion or a judgment, especially on a disputed issue. An example of verdict is when you pass judgment on the dinner your friend made. An example of a verdict is when a judge or jury pronounces someone guilty or not guilty.
Usually, the prosecution first makes a closing argument, then the defense attorney. The prosecutor, who has the burden of proof, frequently gets the chance to respond to the defense's final argument.
the plaintiffIn the United States, the plaintiff is generally entitled to open the argument. The defendant usually goes second. The plaintiff or prosecution is usually then permitted a final rebuttal argument.
Closing argument is the lawyer's final opportunity in a trial to tell the judge and/or jury why they should win the case. They do so by explaining how the evidence supports their theory of the case, and by clarifying for the jury any issues that they must resolve in order to render a verdict.
Your closing words should make it very clear that it's the end of the presentation. The audience should be able to read this immediately, and respond. As we mentioned previously, saying "thank you" is a good way to finish. If the applause isn't forthcoming, stand confidently and wait.Nov 6, 2017
closing speeches. DEFINITIONS1. a statement that each lawyer makes at the end of a trial in which they explain why they believe their client should win.
“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 opening speech involves taking the judge through the statements of the case and providing an outline and guide to your case. It should provide a summary of the evidence that will be produced and should not go into any details in relation to the content of the testimony. The opening speech will detail the issues to be decided and you should provide a summary of the facts that you seek to establish. However, in the county court the defendant’s solicitor can make the opening speech and if they do they are not entitled to make a closing speech, without the leave of the court. You should hand the judge a bundle of documents and take him or her through the chronology of the matter to provide the judge with a picture of the events in the case. The opening speech should be lively and interesting to engage the court. You should use plain language and use eye contact to build rapport with the judge. You should refer to your client by his or her name in order to personalise them, and refer to the other side, for example as the ‘respondent/defendant’ etc.
If opening a case you should always introduce yourself and the other side to the Court. For example: Your Honour/Sir/Madam/Master I appear in this case for the Claimant and my friend Mr/Miss/Mrs. appears for the Defendant.
In the legal sense, a closing statement is delivered by the attorney on either side of the case: the prosecuting attorney and the defense attorney. If the defendant or plaintiff, the person or company on each side of the case, is unrepresented, meaning without a lawyer to argue on his or her behalf, he or she has the option to deliver ...
A closing statement is a statement made at the end of a debate, or more often, a legal trial, delivered by a representative of each side of the case or debate. It is the last chance for both parties of said debate or trial to state their argument, and hopefully affect the verdict or outcome in their favor.
He told the judge and jury, “If it doesn’t fit, you must acquit.”. This phrase is now incredibly famous. Cochran, like Atticus Finch, developed a statement that supported the innocence of his client, using the parts of the trial that cast the most doubt on the prosecution’s charges.
In the novel, Atticus Finch, a southern lawyer, must defend a black man against charges of rape and assault. As it turns out, the hand with which Tom, the defendant, supposedly hit a white woman is useless to him, making it impossible that he is guilty of injuring her.
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 defendant's best advantage in clear, concise language that the jury can understand; 3 Listen carefully to the prosecution's statements and witnesses in order to exploit any weaknesses; 4 Address and refute each of the prosecution's claims against the defendant; 5 Close with a strong repetition of the key theme and a request to the judge or jury for a verdict of not guilty.
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 case which can be referred to throughout the trial.
The purpose of the closing argument is to summarize the defense’s case – explaining the significance of the evidence, presenting a positive theory, engaging the judge and jurors intellectually and emotionally, and explaining why the defendant is innocent. The defense should also point out the bias and inconsistencies in the prosecution’s case.
It is also persuasive to emphasize for the judge or jury the importance of the role they fulfill in the system. Flattery is a quick way to win votes to your side.
Reasonable doubt as meaning at least "firmly convinced" of guilt - Whatever you may think about what reasonable doubt means, I submit to you that it means, at least, that you, as a responsible juror, cannot convict a person of a crime until you are firmly convinced, personally, of the defendant's guilt.
A closing argument is the last chance an attorney has to address the judge and jury.
To write a closing argument, start with your theory of the crime, which you should try to bring up within the first 30 seconds of your closing argument. Then, review your evidence by taking the jury step-by-step through the facts of the case from your side's perspective.
The theory of the case is essentially each side's version of what happened, and if the juror's believe one side's theory, that side wins. Because the theory of the case stays the same throughout the trial, the jury should be familiar with each side's theory of the case when closing arguments are given.
1. Repeat your theory of the crime. During the opening statements, you or another lawyer on your side should have offered a theory of the case. This theory could include an explanation, motive or defense to the crime committed, depending on which side is being represented.
Listen to the other side's case during the trial. You should stay engaged, even when you are not speaking yourself. Listen attentively and take notes, identifying any weaknesses in the opposition's case. You can find weaknesses in your opponent's case by focusing on:
Take notes throughout the trial. Unlike an opening argument, which can be written well in advance of the trial, a closing argument will be based on the events of the trial. Attorneys usually do not prepare them until both sides of the case have rested.
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.
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.
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, ...
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.
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.
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.
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.
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.
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.