Closing argument to the jury for the defense in criminal cases. Closing arguments for conviction of nazi war criminals by robert h. The closing argument presents attorneys with their last chance to persuade the jury. A great closing argument will not win a case that is otherwise lost but a bad closing can lose a case that should have been won. From opening statement, to crossexamination, to the objections you make, to your impassioned closing argument attacking the credibility of an adverse. This rule is designed to control the order of closing argument.
The closing argument needs to be the best prepared part of the case, yet it is the one part which you cannot prepare in advance. Moot court samples maryland personal injury attorney. Contrary to what you may see on television, no part of trying a case is extemporaneous. The undisputed evidence was that she forgot to drop the child off at day care, and. When making a closing argument, it is important to follow an outline of the main points. In general, your opening statement on the plaintiffs behalf should consist of. Instructions to the jurors following the closing arguments, the judge gives instructions to the jury.
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 clients favor. Counsel may not urge the jury to draw inferences from facts or to reach certain conclusions based on the evidence. Sep 18, 2015 in criminal cases, if the defense declines to argue its case after the prosecution has made opening argument, then that shall be the only argument allowed in the case. The judge will then give the ending instructions and final charge. We would ask you to reject the defense theories of the case. If a prosecutor lays out a story that has the defendant at the scene of the crime, the defense attorney will probably ask questions that may lay out a different story showing the defendant at another locati. In criminal cases, if the defense declines to argue its case after the prosecution has made opening argument, then that shall be the only argument allowed in the case.
Address each argument you feel the defense will be asking the jury to consider, and explain why you disagree. An outline for the closing argument will serve as a script, or a guide to follow while speaking to the jury. Insert the relevant facts that you have proven in your case. The objective of the closing argument is to provide a. This will help you feel more organized, and will minimize the risk of forgetting key facts. Bright southern center for human rights 83 poplar street, n. Instructions to the jurors following the closing arguments, the. Examples of permissible and impermissible arguments are collected below. Closing arguments chapter 11 fundamentals of texas trial. We are ready to proceed with the closing arguments of counsel in this case. While word choice, gestures, and multimedia play an important role, nothing is as important as knowing yourjury.
Good morning ladies and gentlemen of the jury, my name is soandso, and again, im the defense lawyer for defendant. These will become the chapters of your closing argument. Boston while there is no recipe that can guarantee success in the courtroom, your chances of obtaining a successful outcome will increase if you keep in mind the following practice pointers when preparing for your next closing argument. Preparing and delivering an effective closing argument to a jury. Then the attorneys will each make a five minute closing argument. Opening statements generally are fairly short, and focused on the key facts you will present. A good prosecution opening statement will try to anticipate the points that the defense. Defense closing argument dateline nbc crime reports. Defense counsels overall goal in the opening statement is to deliver the defense perspective in storybook fashion, letting the jury know exactly where to find the weak. In criminal cases, the party with the burden of going forward is the prosecution. In texas, in both civil and criminal trials, there are three permissible subjects of closing argument. The defendant shall present his closing argument first.
The direct and crossexamination of each witness should take no longer than five minutes. The theme of the case consists of a one sentence summary of what the. Mock trial opening statements for the defense lawyer. Opening and closing statements clark county law foundation. Opening statements allow counselors to provide the court with a guide or road map of what is about to happen during. Prepare a closing argument outline before the trial begins.
Louisiana association of criminal defense lawyers last chance seminar december 67, 2001 new orleans, louisiana. Because the end jury argument depends upon the beginning opening statement, you should also consult the jury argument in criminal cases web site. Findi within rhe context of theory on juror decision making, trial strategies in domestic violence fc the criminal justice system has only recently begun to responr prosecution strategies 1 felony cases were nestic violence she seriouness of wy of domestic. This is the closing argument in an infamous california murder trial, delivered by johnnie cochren, lead lawyer for the defense. His address on closing arguments to the jury for the defense in criminal cases has always been received with acclaim. Usually the defense gives its opening statement immediately afterwards. Closing argument is a time to persuade jurors, not to rehash the evidence. For defense counsel, closing argument is the last chance to remind the jury of the prosecutions high burden of proof and to persuade the jury that there is, at a minimum, reasonable doubt as to the defendants guilt.
Nariman, judge supreme court of india at scba, part1 duration. It is best to employ one or more feeling words as part of your theme. Outline of opening statement and possible closing arguments 2. Preparing and delivering an effective closing argument to a jury by. The defense attempts to discredit the physical evidence using scientific.
An effective closing statement will mirror the opening argument for any mock trial case. Lawyers for both sides have had exactly one month to put together their closing arguments. Counsel may not attempt to explain the importance of certain items of evidence or suggest how evidence should be weighed. How to write a prosecution closing argument for mock trial good afternoon ladies and gentlemen of the jury, again my name is, and i am the. Cases can be won or lost during closing argument, so spend plenty of time planning yours. Video footage of actual closing arguments closing argument in a murder trial.
If the defendant or plaintiff, the person or company on each side of the case. A closing argument is an opportunity for you to argue your case, and to explain why they should side with you and your client. Other examples of closing arguments can be found in peter. Usually, a closing argument is organized around the different elements of your case. Closing argument for the prosecution in the trial of. It is the time to develop all the inferences which you have implanted in the minds of the jurors throughout voir dire and testimony.
In the legal sense, a closing statement is delivered by the attorney on either side of the case. The defendant, a famous american football player and actor, was. A criminal defense strategy for your criminal prosecution will emerge as your criminal defense attorney finds out more about what the prosecutor plans to do in your case. Use a legal pad to write down all of the major points that need to be made, and then fill in the outline with details and. How to be a good defense attorney with pictures wikihow. The theme is not the legal or cerebral reason why you should win insufficient evidence, but instead, it visually. How to write a prosecution closing argument for mock trial. When students have a hard time writing a mock trial opening statement it is.
The primary purpose of an opening statement is for counsel, at the beginning of the case, to share with the jury the issues and a storybook summary of what counsel believes she can support with. If the attorney for the plaintiffprosecution wishes to make a rebuttal argument, time must be reserved when the attorney begins the closing argument or in the pretrial conference. The commonwealth shall present its opening statement first. Closing arguments for conviction of nazi war criminals by. Chief of counsel, international military tribunal an advocate can be confronted with few more formidable tasks than to select his closing arguments where there is great disparity between his appropriate time and his available material. Subtab for adding trial notes for closing argument. Kickass closing arguments for criminal defense lawyers.
As is customary, the state will present their case. Here is a template and suggestions for writing a defense closing. Every party in a civil or criminal jury trial has a right to give a closing. Argument by ada motion and evidentiary hearing argument by ada argument by ada motion and argument by ada motion and argument by ada burden to show ensuring d returns to court and the safety of the alleged v clear and convincing evidence that no conditions of release will ensure safety of v or community d a danger to v if doesnt follow. There are two truths about closing arguments which must not only be remembered but must never be forgotten. This case presents the intriguing question concerning under what circumstances a wife, at the conclusion of a consensual separation for a period of 15 years, can refuse for a period of 11. Greenspun in the capital murder trial of john allen muhammad. In civil cases, the party with the burden of going forward is the plaintiff. But as defense counsel, there are points youll always want to make.
The opening statements introduce the jurors to the parties competing theories of the case. It has been observed that a lawyers function during closing argument is to provide the jury with a. Nov, 2014 defense closing by regine ettiene for lodestar 2014. Y our opening statement is an opportunity to be creative and show your personal style. The biggest difference between them is that, while good opening statements simply outline a trials evidence and reasoning, the best closing statements put together the logical pieces of the trials puzzle. The defendant may present an opening statement of his defense after the opening statement of the commonwealth or after the close of the commonwealths evidence. This transcript is the closing argument in a highprofile case in virginia where a mother is on trial for manslaughter for accidentally leaving her infant in a car seat in the back of her car throughout the workday. Journal articles publications 1995 closing argument. Explain that the defense arguments amount to just excuses. A good case can be easily lost in closing argument. A closing statement must be persuasive, because it is delivered by one who supports a particular side of an argument.
The defense in a criminal trial has the right to make a closing argument, and. Only lawyers are persuaded by legal arguments and sometimes not even them. Analogies are notorious for running rampant and swallowing up large chunks of argument time while your jury fidgets and wishes you would get to the point. Actually, the finesse involved in refining and structuring the evidence in the closing argument also persuades the jury. This is the closing argument for the defense in a california case in which a man is on trial for the kidnapping and murder of a seven year old girl. The closing argument repeats the tone of the case and provides a summary of the case. May, 2019 kickass closings is a powerful resource for new and experienced criminal defense lawyers, so they can deliver devastating closing arguments with minimal prep time. Although the structure of an opening statement will depend on the particulars of the case, the jurors, and your individual style, there is a general outline that can help you start off with a clear, organized, and most importantly persuasive opening statement. How to write a good closing argument the classroom. Closing argument does not begin at the end of the presentation of.
The theme of the case consists of a one sentence summary of what the case is about. The defense delivers the first closing argument to the jury. Presenting a theory of defense throughout the case stephen b. Arthur martin has lectured at northwestern universitys annual short course for defense lawyers in criminal cases. Section 12 trial notebook texas department of family and. Kennedyt abstract the author, an experienced trial lawyer, shares some of his techniques andstrategiesforgivingan effective closing argument. Oct 24, 2016 4 comments on outlining a defense opening statement y our opening statement is an opportunity to be creative and show your personal style. The defense tactics used ojhn man4 dynamics and reinforce myrh about domestic violence. Preparing and delivering an effective closing argument to. Your closing argument is a chance to persuade the jury to accept your interpretation of the facts. Because the government has the burden of proof in the case, you will hear first from counsel for the government. Think about, prepare, and rehearse your closing argument before trial, leaving sufficient flexibility to meet the exigencies of trial. Mar 21, 2019 a criminal defense strategy for your criminal prosecution will emerge as your criminal defense attorney finds out more about what the prosecutor plans to do in your case. Kickass closings is a powerful resource for new and experienced criminal defense lawyers, so they can deliver devastating closing arguments with minimal prep time.
The closing statement is the attorneys final statement to the jury before deliberation begins. Closing arguments happen at the end of the trial, with the prosecutor going first followed by the defense, and a final word from the prosecution. How to write opening and closing statements for mock trial. Rebuttal argument after the defense has presented its closing argument, the attorney for the plaintiffprosecution has the opportunity for a rebuttal argument. The closing argument of the prosecution ends the evidence phase of the trial. Structuring the closing around your theme, the exhibits, or witness statements can work as well. Include address, phone numbers where witness can be reached at any time b. Sample closing arguments transcripts criminal defense wiki.