The closing speech is your final attempt to address the court. It should integrate the evidence the court has heard with your theory of the case and present your underpinning argument. In your final speech you should rebut or explain the evidence that weakens your case and explain how the law applies.
Full Answer
What is the closing speech in a criminal case?
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.
What should be included in the final speech of a case?
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.
How is the Attorney doing the closing argument being judged?
Nov 11, 2013 · For defense counsel, closing argument is the last chance to remind the jury of the prosecution's high burden of proof and to persuade the jury that there is, at a minimum, reasonable doubt as to the defendant's guilt. Typical Closing Arguments. An effective closing argument ties together all the pieces of a trial and tells a compelling story.
Who makes the opening speech in a civil trial?
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, need to be present.. The attorneys will begin by making their opening …
What should I do when opening a case?
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.
What is the opening speech of a civil trial?
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.
What is a closing statement?
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.
Who delivers the closing statement?
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 ...
Who said "If it doesn't fit you must acquit"?
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.
Who is Atticus Finch?
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.
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 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.
How to write a closing argument for a case?
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.
What is the purpose of closing argument?
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.
Why is flattery persuasive?
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.
What is a theme in a trial?
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.
What does "reasonable doubt" mean?
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.
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 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 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.
Who delivered the closing argument in To Kill a Mockingbird?
An annotated text of the version delivered by Gregory Peck in the film adaptation of To Kill a Mockingbird (1962) can be found here.
Who said all men are created equal?
Thomas Jefferson once said that all men are created equal, a phrase that the Yankees and the distaff side of the Executive branch in Washington are fond of hurling at us. There is a tendency in this year of grace, 1935, for certain people to use this phrase of context, to satisfy all conditions.
Summary
- 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. Often, the closing statement is the most important and memorable part of the leg…
Characteristics
- There are several defining characteristics of a closing statement. First of all, any reference to a closing statement is usually referring to one presented at the end of a legal trial, though it can sometimes mean the final statement of a professional debate, or the conclusion of a speech. All three of these types of statements share similar qualities, however.
Mechanism
- A closing statement must be persuasive, because it is delivered by one who supports a particular side of an argument. 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 …
Trial
- A closing statements initial purpose is to summarize the findings of the trial, which has already taken place before the statement is delivered. The findings of the trial include anything of merit that has been discussed or discovered throughout the case, such as what kind of evidence has been presented, and what sort of information the witnesses for both the prosecution and defens…
Introduction
- A closing statement needs to incorporate a few key elements in order to accomplish its goal, to persuade those listening of a particular fact or idea. These elements should be organized and addressed to both the jury and the judge, who are responsible for the verdict and the possible sentence, respectively. These elements include:
Analysis
- What has developed since: This part of the statement is more like a summarization of the trial itself. This is the part of your statement that should include any piece of evidence or testimony from a witness that favors your side of the argument. Anything that casts doubt upon the innocence of your client should, of course, be left out of your closing statement, unless you can …
Significance
- A closing statement often proves to be the most dramatic or memorable part of the legal process. The concept of justice and punishing those who have done wrong is inherently exciting for people, and fictional books and television shows play off that excitement all the time. A very famous fictional example of a closing statement comes from Harper Lees To Kill a Mockingbird. In the n…
Quotes
- For better or for worse, a closing statement, if crafted and delivered well, can turn the tide of a legal trial, and help you to succeed in winning the case, whether youre on the side of the prosecution or the defense. The power of persuasion and the ability to deliver a convincing statement is a highly sought after and powerful skill.
Background
- The closing argument is the last opportunity in a trial for the defense lawyer to speak to the judge or jury before they begin deliberations. The defense’s closing argument generally takes place between the prosecution's closing argument and the prosecution's closing rebuttal argument. The purpose of the closing argument is to summarize the defense’s case – explaining the significan…
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 might be asking themselves; 4. Introduce each new point with clear transitions; 5. Appeal to the j…
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:
Popular Posts:
- 1. what if i cant afford an attorney in oklahoma for child custody
- 2. when does attorney review happen
- 3. what am i allowed to do if i have a power of attorney
- 4. how to become a power of attorney in texas
- 5. i waited too late to get power of attorney. now what
- 6. who is the attorney general of jamaica
- 7. where is the attorney general
- 8. how to talk to a district attorney
- 9. how much for an attorney to draft merger and acquisition docs
- 10. who is the boston district attorney