what would a defense attorney do in the closing address

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.

Full Answer

Can a defense attorney give a closing argument?

The function of the closing address to the jury is to weave these materials and the evidence called on behalf of the defense, if any, into a cohesive argument either for the purpose of destroying the case against the accused, or for the purpose of putting forward an affirmative

What is the function of the closing address to the jury?

The closing attorney must track what evidence comes in Having other roles makes it more difficult for them to do this; It is especially difficult for a prosecution/plaintiff attorney to do cross examination and a closing because this is when they should be putting together their thoughts for closing argument

What does a closing attorney do?

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.

What does the closing attorney add to the package?

Nov 27, 2016 · Defence Closing Statement. Members of the Jury, you have now heard all of the evidence in this case which I would like to take this opportunity to remind you of. My client , Mr Chris Howells, is accused of ASSAULT OCCASIONING ACTUAL BODILY HARM contrary to section 47 of the Offences Against the Person Act 1861.

How do you end a defense speech?

Here is a template and suggestions for writing a defense closing: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.More items...

What should be included in a closing argument?

Generally, closing arguments should include:a summary of the evidence.any reasonable inferences that can be draw from the evidence.an attack on any holes or weaknesses in the other side's case.a summary of the law for the jury and a reminder to follow it, and.More items...

What can you not say in closing arguments?

Objections During Closing ArgumentViolation of an In Limine Order: Counsel may not discuss items precluded by an order in limine. ... Reference to Facts Not in Evidence: Stating, or even alluding to, facts not presented into evidence is improper.More items...

What are the 4 duties of a defense counsel?

The primary duties that defense counsel owe to their clients, to the administration of justice, and as officers of the court, are to serve as their clients' counselor and advocate with courage and devotion; to ensure that constitutional and other legal rights of their clients are protected; and to render effective, ...

What do lawyers say at the end their speech?

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.

What does the defense attorney emphasize to the jury during their closing statement?

During the closing the statement, the defense attorney emphasizes why their client is not guilty.

Can defense object during closing statements?

A closing argument may not contain any new information and may only use evidence introduced at trial. It is not customary to raise objections during closing arguments, except for egregious behavior. However, such objections, when made, can prove critical later in order to preserve appellate issues.

Can defense object during 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.

What is the golden rule in closing arguments?

The Golden Rule. During closing argument, the attorney for the plaintiff may not ask the jury to place themselves in the place of the plaintiff when deciding how much the plaintiff should be awarded as compensation for the legal wrong in question.

What do defense attorneys do?

A defence lawyer is a lawyer who represents a person charged with a criminal offence. It is the defence lawyer's job to ensure that the rights of the accused are protected throughout the criminal process.Jul 7, 2021

What is the primary responsibility of the defense attorney?

According to the American Bar Association, the primary responsibility of a criminal defense attorney is to advocate for their clients and defend their rights. Your defense attorney should not only acknowledge your needs/wants in the situation, but work in favor of your best interests.Jul 8, 2021

What is the role of defense lawyer?

A criminal defence attorney is responsible for putting together an effective defence and developing a winning strategy for their clients. As the accused's advocate and drafter, he must prepare, file, and argue on their behalf. Negotiating a plea bargain with the prosecution is part of a lawyer's job description.

What does a closing attorney do?

A closing attorney will be able to advise you on how to proceed in these situations. Occasionally, it will be best to walk away from a deal if too many issues are found. But there will also be many ways to deal with these potential issues. A closing attorney will know how to navigate that, as well.

Why is disclosure important in real estate?

Protect You From Lawsuits. Disclosures are incredibly important throughout the real estate sales process. Leaving out any potential issues can open up a seller to a variety of legal troubles. You can be held liable for these issues even if you didn’t realize their disclosure was a necessity.

What is escrow inspection?

Inspect Escrow Documents. The escrow process includes many important documents such as the deed, settlement statement, and more. These documents can have a great effect on how the process moves forward and should be inspected by a professional.

What are the issues with title?

The title of the house can occasionally have some outstanding issues that affect the timeline of the sale. This includes issues such as: 1 Unpaid balances from previous owners 2 Property taxes 3 Liens 4 Easements

Can closing attorney provide inspection report?

However, a little backup can lend your efforts some more legitimacy. A closing attorney can provide this needed support with the help of an inspection report. These reports will often come out after a purchase agreement has been drafted. However, these reports can also find notable issues with the property.

Can title issues affect closing date?

The title of the house can occasionally have some outstanding issues that affect the timeline of the sale. This includes issues such as: These issues can drag out the closing process, delaying your closing date for months. A closing attorney can help address these issues and expedite this process.

Do real estate agents know everything?

Your real estate agents are going to have a lot of knowledge relating to these essential documents, but they aren’t going to know everything. An experienced real estate attorney will be able to provide the guidance and assurance needed to confidently make it through the closing process.

What is the purpose of closing address to jury?

The function of the closing. address to the jury is to weave these materials. and the evidence called on behalf of the defense, if any, into a cohesive argument either for the. purpose of destroying the case against the accused, or for the purpose of putting forward an affirmative.

When was Martin appointed Queen's Counsel?

He was appointed Queen's Counsel in 1945, and he is an honorary lecturer at Osgoode. Hall Law School. An earlier article of Mr. Martin's upon the subject of closing arguments, and of which the present. one is an enlarged revision, appeared in Law Society of Upper Canada Special Lectures: Jury Trials.

What to write in a closing argument?

Fundamentally, you should remember when writing your closing argument that you, as a prosecutor, have the burden of proof. So you need to convince the jury that you have met your burden of proof. This means you need to establish that all elements of the crime have been shown. Every criminal offense has certain elements.

What does it mean to give a rebuttal to a defense lawyer?

The Rebuttal. As I mentioned above, the prosecutor speaks twice in a closing argument, so he or she has an opportunity to give a rebuttal to the defense lawyer’s closing. This requires you to think on your feet a little bit. It means you will have to listen closely to what the defense lawyer is saying.

Why does the prosecutor have to address the jury twice?

Because the prosecutor has the burden of proof, he or she has the opportunity to address the jury twice. It works like this: the prosecutor makes a closing argument, then there is the defense closing argument, and then the prosecutor gets to address the jury a second time. As we will discuss, this second closing argument can be ...

What is a closing argument in a mock trial?

Unlike an opening statement, which you can script-out in well in advance of the trial, a closing argument requires you to think on your feet. Until the trial is over you don’t know what evidence will be admitted , or what testimony will be allowed (due to objections). You will be scored in a mock trial based on how well your closing ...

What are the elements of residential burglary?

The elements of the crime of residential burglary are that the defendant 1) entered or remained unlawfully within the property of another, 2) that property was a dwelling, and 3) the defendant entered with the intent to commit a crime against a person or property therein. So when writing a prosecution closing argument, ...

What does texting a defendant show?

Lastly, as to the element of premeditation, the defendant’s text messages also show that he had planned this crime for at least several days in advance. Accordingly, the state has met its burden of proving each element beyond a reasonable doubt, and you should convict the defendant of first degree murder.

Why is it important to convey emotion in a case?

It is important for a prosecutor to remind a jury that they are dealing with a real person or real human being who has been a victim of a crime. It is often a fine line between conveying the emotion to a case and using inflammatory language that will draw an objection.

Why do attorneys go into their opening?

If they have already been introduced, many attorneys just go right into their opening to save time, create drama, and make it look more like a real trial. Using a hook to begin. The closing attorney has a lot more flexibility than the opening attorney. Closing is a persuasive argument.

What is the purpose of closing statement?

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.

What is closing argument?

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 shown in the context of your theory of the case. “The evidence has shown by a preponderance of evidence that my client, Landry Lopez, ...

How to track evidence in a trial?

Ways to track evidence include: Memory (fallible) Notes (cumbersome and hard to access) A master outline to checking key items off of as they come in (better) Keeping a flow chart (better) Outlines: Prepare in advance. List the key facts for each witness.

How to convince a jury that the evidence is not proven?

Do not delve too deep into legal terms or you will lose the jury’s attention. Talk about burden of proof. Tell the jury what the evidence has (and has not) shown and how the elements that need to be shown have (or have not) been proven. Focus on the key issues.

Can witnesses forget evidence?

Witnesses may forget key evidence. Attorneys conducting the direct and cross examinations may forget questions. Attorneys may forget the last step of offering an exhibit into evidence. Testimony and exhibits may be kept out the judge after the other side objects.

Can you memorize parts of an argument?

Certain parts can still be memorized ( intro, conclusion, etc) Body of the argument can be easily modified as trial progresses. Delivery style may seem often more natural. More difficult to use rhetorical devices. More difficult to implement themes in the body of the speech. Using a written speech.

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.

What does a lawyer ask a jury to do if there is reasonable doubt?

Since there is reasonable doubt about the identity of the shoplifter, the defense attorney will ask the jury to follow the law and find the defendant not guilty.

What happens when an attorney oversteps a jury?

When attorneys overstep them, usually a judge will simply tell the jury to disregard the improper argument. But when attorneys commit serious misconduct during closing, a judge might declare a mistrial, and if not, a court of appeal might overturn any conviction. Arguments must be based on evidence.

What does a prosecutor do in a rebuttal?

In rebuttal, the prosecutor might point out that police found items at the defendant's home that are identical to the stolen goods, and that the alibi came from the defendant's family member— hardly an unbiased source. The prosecutor will then ask the jury to uphold the law and find defendant guilty.

What is the last chance to remind the jury of the prosecution's high burden of proof?

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.

What is a plea to the jury?

a plea to the jury to take a specific action, such as convict, acquit, or convict only on a lesser charge. For example, in a shoplifting case, the criminal defense attorney's closing argument might go through all the evidence, but focus on the fact that the surveillance video was blurry and the defendant's alibi.

Defence Closing Statement

Members of the Jury, you have now heard all of the evidence in this case which I would like to take this opportunity to remind you of. My client , Mr Chris Howells, is accused of ASSAULT OCCASIONING ACTUAL BODILY HARM contrary to section 47 of the Offences Against the Person Act 1861.

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Defence Closing Speech. (2016, Nov 27). Retrieved from https://graduateway.com/defence-closing-speech/

How to write a closing argument?

Lest I get ahead of myself, though, the steps in drafting your closing argument should include at least the following: 1 Listen to the Case Carefully. Listen to the witnesses, the evidence presented, and the Court and opposing counsel with the theme of your case repeating like a well-memorized mantra. Also, look for the Big Mistake made by the opposing client. 2 Highlight Supporting Information for Future Reference. Highlight any testimony, and comments by the Court that support your theme in the case, as well as your perception of the Big Mistake made by the opposing client. 3 Identify Two or Three Main Points in the Case. Identify two or, at most, three main points relevant to the Court’s consideration. 4 Fit the Supporting Information into Your Outline. Take all of the highlighted information that you thought was helpful and place it into the outline that you have created. 5 Create a Catchy Introduction That Summarizes Your Assessment of the Case. After you have created an outline, complete with supporting information, craft a pithy, catchy introduction with which to start your closing.

What to do in the middle of a closing?

At some point in the middle of your closing, make sure to identify the opposing client’s Big Mistake to undercut the opposing case. It is best to do so in the middle of the case so that the court does not view this technique as unnecessarily negative or overzealous.

What is cohesive structure in argument?

A cohesive structure for your argument is the very foundation of what makes it compelling and easy for the Court to digest completely, with all of its nuances.

What is a big mistake in a case?

A Big Mistake is the part of a case in which the opposing client submits testimony or evidence that substantially undercuts his initial assessment of the case. Listen to the case carefully to identify that Big Mistake.

How to address an attorney in an email?

1. Address an attorney as "Mr." or "Ms." in most contexts. In the salutation for a letter or email, address an attorney the same way you would any other respected professional- using "Mr." or "Ms." followed by their surname. Generally, this is the best way to address an attorney if you've never spoken to them before.

When to use "JD" or "Esquire"?

Add "JD" after an attorney's name in an academic setting. Even if the attorney is licensed to practice law , if they're writing an article in a law journal or working as a law professor, you'll typically use "JD" instead of "Esquire.".

What do you call an attorney with more than one degree?

If the attorney has more than one degree, list the abbreviations after their name in order from highest to lowest. For example, if John Justice has a JD and an MBA, you would list his name as "John Justice, JD, MBA.". Tip: Even though JD stands for "Juris Doctorate," a JD is not a doctoral degree.

Do female attorneys use their maiden name?

Pay attention to the name that female attorneys use socially. Many married female attorneys use their maiden name professionally and their spouse's name socially. If you know an attorney who does this, take care to use her preferred name on social correspondence.

Do you have to include JD in a lawyer's name?

Unlike doctors, if you're writing to a lawyer and their spouse socially, don 't include either "JD" or "Esq." to indicate that they're an attorney. You also don't have to order their names in any particular way, since attorneys don't have any particular social rank the way doctors do.

Can you use "esquire" on business cards?

Tip: The courtesy title "Esquire" is not typically used by attorneys themselves on their own letterhead or business cards, just as people typically don't use "Mr." or "Ms." in those contexts. You should still use it when addressing an envelope to an attorney.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.