HOW TO WRITE A DEFENSE CLOSING ARGUMENT FOR MOCK TRIAL Here is a template and suggestions for writing a defense closing: The Greeting Good morning ladies and gentlemen of the jury, my name is so-and-so, and again, I'm the defense lawyer for [defendant]. The plaintiff (prosecution) is allowed to rebut because they have the burden of proof. Log in or sign up to add this lesson to a Custom Course. It is your chance to be free from the rules that bound you during voir dire and the presentation of evidence. 341, Absence of Motive May Tend to Establish Innocence 361, They Struggled to Come Up With a Motive 362, Lack of Motive Can Raise Reasonable Doubt 362, Prior Bad Acts Are Band Aids for a Bad Case 365, The Prosecutors Rape Theory is Absurd 369, Her Lack of Physical Injuries Are Inconsistent With Her Story 372, What Did the Victim Lead Him to Believe? Closing arguments in his trial will begin Wednesday morning. I have seen attorneys present closing arguments by simply summarizing the evidence each witness presented, witness by witness. Bright Southern Center for Human Rights 83 Poplar Street, N.W., Atlanta, GA 30303-2122 (404) 688-1202 ! Discuss the burden of proof and how it was met or exceeded by the arguments made. The closing argument is a lawyer's final statement to the jury where the evidence is summarized, and the lawyer tells the jury why their side should win the case. Modern juries, accustomed to receiving short bursts of information continually through the use of electronic devices and social media, have short attention spans. Another traffic collision sample from plaintiff and two defense lawyers. I was forced to learn by trying a lot of cases and learning from my successes, and even more importantly, from my failures. The burden of proof is very high - beyond a reasonable doubt. Creativeye99/Getty Images(WASHINGTON) -- Prosecutors accused former President Donald Trump ally Tom Barrack of "leveraging his access" while the defense accused the prosecution of "misdirection . The defense lawyer's closing argument is particularly effective when he or she has built a rapport with the jurors and succeeded in gaining their trust. And the central one, he said, remains how Caylee died. So it's especially odd that just before Election Day President Joe Biden is emphasizing his opposition to cheap fuel. The closing argument has become an art form in and of itself, often eliciting the most dramatic presentations of the trial. It should be clear how one side met that standard and the other did not. All other trademarks and copyrights are the property of their respective owners. In the closing argument, the prosecution argues that the defendant is guilty, and the defense argues that the defendant is innocent. Focus on the evidence favorable to the correct side, but do not ignore unfavorable facts. In particular, I owe special thanks to Ian Friedman, Brian Bieber, Barry Scheck, Joel Hirschhorn, Cheney Mason, and James A.H. Bell. Used properly, this book can save you time, and increase the power and effectiveness of your closing arguments. copyright 2003-2022 Study.com. If you can, try to incorporate a theme that you can use throughout the argument. Tort of Negligence | Elements, Cases & Examples, General vs. If you use charts, graphs, etc., you will be able to free yourself from notes. Closing arguments are speeches, not term papers. Everyone understood the theme that defendant had stabbed his partners in the back, despite the defendants promise to complete the deal with our client and the other partner. Review the evidence, but do not introduce new evidence that was not discussed previously. My experience indicates juries award higher damages when they are angry. Tom Nichols, The Atlantic November 4, 2022. While this may take a number of hours in some cases, most attorneys try to keep their closing argument as brief as possible to avoid boring or irritating the jury. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page. Closing arguments took place Tuesday in the sentencing trial for Nikolas Cruz, who pleaded guilty to shooting and killing 17 people at Marjory Stoneman Douglas High School on Feb. 14, 2018.. Although it is not against the rules, most attorneys choose not to object during the other side's closing arguments. I would like to thank the many people who have assisted with this trial guide. Defense: "Ladies and gentlemen, this is a political case." pic.twitter.com/32BXWQeAHo Chauvin is facing counts of second-degree murder, third-degree murder and second-degree manslaughter. Howard learned of Pitts' sexual abuse toward her daughter, Bayley Frost, on June 2, 2019,. CLOSING ARGUMENT EXAMPLE: Presenting a Theory of Defense Throughout the Case Stephen B. A closing argument is a right that is exercised by the State and the Defense at the end of trial. End the statement with jury instructions and directions on how to fill out the verdict form. All rights reserved. A closing argument is the final statement an attorney makes to the judge and jury at the conclusion of a civil or criminal trial. 4 min read Prosecutors accused Trump ally Tom Barrack of "leveraging his access" while the defense accused the prosecution of "misdirection" as closing arguments. Closing Arguments Samples: Closing Argument Templates, Click here to buy Kick-Ass Closings on Amazon, DEFINING REASONABLE DOUBTIN CLOSING ARGUMENTS. We wreak havoc. I firmly believe that a devastating closing argument, combined with a strong opening statement and skillful cross examinations, are key to creating reasonable doubt and winning at trial. Positional Bargaining Approach & Uses | What is Positional Bargaining? Closing arguments are critical components of cases in courts. - Definition, Summary & Cases, Challenge for Cause: Definition & Criminology, The Presumption of Innocence: Definition & Overview, Standard of Proof in Law: Definition & Cases, Direct Examination: Definition, Examples & Criminology, Hearsay: Definition, Examples & Exceptions, Trace Evidence: Definition, Analysis & Examples, What is a Conviction? You Police the Police 286, Confirmation Bias & the Story of the Archer 291, Incompetent Bungling Police Rushed to Judgment 292, They Formed an Opinion from the Beginning 294, Biased Investigator Was Personally Involved with the Victim 294, A Tragic Combination of Sloppy Errors & Cover-ups 296, This Was Not Traditional Law Enforcement 296, Somebody Played with This Evidence No Doubt 297, If Any Evidence is Manufactured, None Can Be Trusted 298, Disregard the Statement Unless it Was Freely Made 305, DNA Doesnt Tell a Story, The People Tell Stories 310, Once Evidence is Contaminated, It is Contaminated 312, Labs Require: Rules, Training, Quality Assurance, Chain of Custody 313, Labs Cannot Create Chain of Custody Docs After the Fact 314, Laboratory is Not Accredited or Inspected 314, Chain of Custody is Absolutely Critical 315, Science is as Good as the People Who Employ It 315, Tainted Evidence, Like a Cockroach in Spaghetti, Must be Rejected 316, Lab Error Probability A Cesspool of Contamination 317, Defense Called More Lab Experts Than the Prosecution Why? Some of the themes that lawyers can use are: mistaken identity, insufficient evidence and police error. Some nervous attorneys read their prewritten closing argument to the jury. The closing argument offers the last opportunity for each party, or their attorneys, to provide a persuasive view of their side of the case. 376, Such a Violent Attack, You Expect Some Evidence 376, Consider Each Count Against Each Defendant Separately 381, How Do They Account for His Whereabouts? Okay. Having been accused of the 1989 grizzly murders of their parents, the Mendez brothers faced trial in 1993 Southern California. some examples of charts i have used in closing arguments include: (1) a chart identifying the defendant's inconsistent statements; (2) a chart showing the top 10 reasons why the defendant's defenses did not make any sense; (3) a pie chart comparing sales figures of transactions at issue; and (4) a bar chart showing the defendant's purchasing It is almost always helpful to prepare a chart regarding damages, setting forth the types of damages at issue and the amounts the attorney wants the jury to award. Attorneys should determine what types of demonstrative evidence can help the jury decide the case and consult with professional artists in creating them. 1325-1375 Middle English < Latin argmentum. Address inconsistencies or weaknesses in the case. Closing Argument of Frederick G. Katzmann for the Prosecution; Closing Argument of Fred Moore for the Defense; Closing Argument of Jeremiah J. McAnarney for the Defense; 1924: Trial of Leopold & Loeb. Defense attorney Michael Leonard used his entire 45-minute closing argument and recounted several testimonies. {{courseNav.course.mDynamicIntFields.lessonCount}} lessons -James B. Donovan, Emotional Decisions Are Almost Always Bad Decisions 11, No One Has the Right to Base a Decision on Emotion 12, The Prosecutor is a Theatrical Manipulator 13, Dont Vote with the Crowd or Based on TV 16, Base Your Verdict on Evidence, Not Emotion 18, Put Your Original Emotional Reaction in Check 19, A Conviction Wont Bring Back the Victim 22, Addressing the Appeal to Emotion in a Self-defense Case 26, You Cant be Swayed by Sympathy, Prejudice, or Passion 29, Dont Convict Because You Fear Public Backlash 29, The Prosecution Hates Proof Beyond a Reasonable Doubt 33, Where Did the Murder Occur = Reasonable Doubt 35, Doubt May Arise from Conflicts in Evidence or Lack of Evidence 35, More Questions Than Answers = Reasonable Doubt 36, If You Dont Know What Happened = Reasonable Doubt 37, Dont Know the Cause of Death = Reasonable Doubt 39, Every Element Must Be Proven Beyond a Reasonable Doubt 40, Unreliable Forensic Evidence = Reasonable Doubt 41, Your Job Is Not Hard, They Have No Coherent Theory 43, Possibly Not Guilty = Reasonable Doubt 49, You Cant Connect the Dots for the Prosecution 50, Addressing the Prosecutions Puzzle Argument 54, If He May Have Acted in Self-defense = Reasonable Doubt 55, To Take Away Somebodys Liberty, They Got to Prove Their Case 56, They Must Knock Us Out With Overwhelming Proof 57, Johnnie Cochrans 15 Unanswered Questions 57, The Burden Stays on Their Table and Rests With Them 65, You Never Shift the Burden to the Defense 65, Who Committed the Crime? To start Monday, Judge Dorow asked Brooks if he was going to . Imagine that the case involves Bob, who is on trial for the murder of his neighbor in a random drive-by shooting. This is boring. A closing argument is a right that is exercised by the State and the Defense at the end of trial. A closing argument is the final statement an attorney makes to the jury or judge when presenting a trial. The trial is moving quickly toward a conclusion, with closing arguments expected sometime next week. 3. The judge took the unusual step last month of declaring to the jury that both sides of the case . Appealing to emotions is important if the case facts justify it. Begin incorporating a theme right after the hook. They inspired me as a young lawyer, and guide me to this day. The prosecution asserted that the gloves belonged to O.J. Closing Argument in a Manslaughter Case. While defense counsel is presenting his or her closing argument, take notes of a few points you can address quickly without reference to complicated evidence. For instance, assume the case theme is: This is a case about how defendant put profits before safety. The closing argument should focus on how the defendant took shortcuts in a variety of safety issues which led to numerous accidents and eventually plaintiffs death. Finally, the lawyer should summarize everything and reference the interesting statement they made at the beginning. The defenses closing argument should be the final bombing run on the prosecutions bridge. The main goal is always to persuade the jury. If necessary, review the laws or evidence relevant to the case in easy-to-understand terms so the jury can understand how the law relates to your facts. "Think of every conceivable defense they'll put on," she said. This is a mistake. - Definition, Procedures & Importance, Witness: Definition & Role in Criminology, What is a Public Defender? Typically, the plaintiff's attorney presents their closing argument first, followed by the defendant's attorney. Anticipate and attack the opposition's arguments. I would definitely recommend Study.com to my colleagues. So in those famous words, if the evidence doesn't fit, you must acquit. You Must Choose Innocence 72, Circumstantial Evidence Defense Gets the Benefit of the Doubt 78, Circumstantial Evidence The Defense Wins in a Tie 79, If Two Theories are Reasonable You Must Go With Innocence 79, Each Essential Fact Must be Proven Beyond a Reasonable Doubt 79, If They Fail to Prove One Essential Fact, You Must Acquit 80, Reasonable Hypothesis of Innocence = Acquittal 80, Theyve Dirtied Him Up, But They Havent Proven Their Case 84, There Are No Independent Witnesses or Evidence 90, Evidence Thats Not There, That Should Be 91, Jury Service is the Highest Act of Citizenship 95, You Are the Conscience of the Community 95, Dont Compromise Your Principles or Your Consciences 96, It is Not About Winning, It is About What is Right 97, If You Dont Stand Up, This Conduct Will Continue Forever 98, Stay the Course, Keep Your Eye on the Prize, Do the Right Thing 98, When the Government Sets Their Cross-Hairs 103, Hes Not A Messenger Hes the Prosecutor 103, They Traveled the World Trying to Build a Case 104, Dont Feel Sorry for the Prosecutor, They Have Many Resources 105, The Federal Government Has Vast Resources 105, It Doesnt Become a Crime Because They Say So 106, Tell the Government Theyve Overreached 111, Were Here to Judge the Prosecutions Evidence 111, They Dont Have the Right to Overcharge 112, Prosecutors Wildly Speculate, When They Dont Have a Case 113, Prosecution Cannot Cut Corners & Make Assumptions 113, The Prosecution is Speculative and Cynical 117, The Prosecutors Are Not Doctors, Theyre Speculating 118, If You Have Questions, Then it Was Not Proven 119, Stare Harder & You May See Their Phantom Evidence 121, They Will Do Anything to Distort the Facts 122, Could Be, Might Be, Maybe is Not Proof Beyond a Reasonable Doubt 123, Government is Trying to Assume its Way to a Conviction 123, Dont Assume, Presume, Connect Dots, or Fill-in Blanks 124, They Want You to Fill in the Gaps with Anger & Emotion 125, You Heard Too Many What-Ifs, Couldve Beens 125, Assumptions Without Any Basis in Fact Whatsoever 126, Couldve Beens Dont Belong in this Courtroom 127, We Cant Speculate Someone Into the Penitentiary 127, Decide Based on Evidence, Not Emotion 128, To a Prosecutor, Everything Looks Like a Crime 133, If They Disagree, Then They Should Refute it With Evidence 133, To the Prosecution, Everything Shows Motive 134, If This is a Search for the Truth, Lets Look for the Truth 135, The Turned Every Positive Aspect into a Negative 135, Prosecution Turn Innocent Facts into Proof of Guilt 137, To the Prosecution, Everything is Sinister 139, They Failed to Bring Key Eyewitnesses 147, We Have No Burden, We Brought Witnesses, Why Didnt They? There are literally endless themes that you can use when making an argument. Most trials begin with an attorney for each side making statements directly to the jury, or judge in a bench trial, explaining what each intends to prove during the trial proceedings. A more expensive (and impressive) option is to prepare a blow up of the document with the critical language appearing to jump out of the document (i.e., in a larger font and highlighted). In a criminal action, the prosecuting attorney gives his summation first, the Defendants attorney immediately following, then because the prosecution holds the burden of proof, it is allowed to make a rebuttal to the defenses closing arguments. In a civil case, a private party is being sued for monetary damages. Intro to Criminal Justice: Help and Review, The Criminal Trial in the U.S. Justice System: Help and Review, {{courseNav.course.mDynamicIntFields.lessonCount}}, Psychological Research & Experimental Design, All Teacher Certification Test Prep Courses, Introduction to Crime & Criminology: Help and Review, The Criminal Justice Field: Help and Review, Criminal Justice Agencies in the U.S.: Help and Review, Law Enforcement in the U.S.: Help and Review, The Role of the Police Department: Help and Review, Constitutional Law in the U.S.: Help and Review, Criminal Law in the U.S.: Help and Review, Constitutional Requirements of a Criminal Trial, Writ of Habeas Corpus & Reasonable Doubt in a Criminal Trial, Pretrial Activities of a Criminal Trial: Steps, Purposes & Importance, Types of Defense Against a Criminal Charge, Criminal Trial Post-Trial Steps: Appeals, Reviews & Processes, What is Double Jeopardy? I would also like to thank my friends and Fellows in the American Board of Criminal Lawyers (ABCL), who have provided tremendous support throughout this project and have made outstanding contributions to this book. After both have given their main closing arguments, the State has another chance to add on to their initial argument by rebutting anything the Defense may have said. When you know a not guilty is within reach the wisdom in this book will inspire and guide you to giving the best closing of your life! Finally, the lawyer could end with reminding the jury that their client does not have a clone or identical twin, and could not have committed the crime in question due to their location. This is one of many effective closing statement examples as Bob's attorney followed all the proper steps. More importantly, it will help save lives, and protect the freedom of those whom we defend. Many trial attorneys find this rebuttal to be extremely important, as it is the last the jury will hear before retiring to deliberate the case. Ladies and gentlemen, this is an easy case and you have the ability to make this right for Mary and her family, to bring smiles and a happy ending to her pain.'. The theme the attorney for Bob established was that of an alibi where the airline ticket Bob purchased proved he did not kill his wife, Susan. Discuss the burden of proof. closing arguments: noun closing , closing stateeents at trial, summation at trial, summing up a case Generally: recapitulation , reiteration , renumeration , review v. Varsity Brands, Inc. A formal oral presentation of a partys reasons for or against something at trial, An oral presentation intended to persuade a jury at the end of a trial. In modern courtrooms, few criminal cases go to trial. Have you ever seen a courtroom television drama play out? Then, the hands move the shells around and uncover the same shell to reveal the words No Covenant, representing plaintiffs statement on a tax return that my client did not agree to a covenant not to compete. If you want to be a closer, you need this book. -Tim Bilecki, Bilecki & Tipon, LLLC, This work defines the structure, the content, the interplay of other aspects of the trial, and the means by which successful lawyers maintain their champions of justice status. To write a strong closing argument, one should start with an interesting or clever statement. By summarizing the evidence, testimony, and facts of the case, each attorneys closing argument is a powerful attempt to crush the opposition while confirming the truth of his own position. When defense counsel is finished, the jurors are ready to deliberate, so rebuttal should be short and snappy. However, the State cannot use the rebuttal to finish what they may have missed in their initial argument; instead, they must only directly respond to the matters raised in the Defenses closing argument. Kick-Ass Closings is written from the trenches, by trial lawyers who actually try cases, and win. When defending a criminal case, we must remember it is the prosecutors job to prove the case beyond a reasonable doubt. Paul Flores' defense attorney, Robert Sanger, began his closing arguments Monday in the Kristin Smart murder trial by claiming the prosecution's evidence amounted to "conspiracy . Defendant's Close. - Definition & Meaning, Testimonial Evidence & Law: Definition & Examples, What is the Chain of Custody? The prosecution seeking the death penalty for Nikolas Cruz and the defense trying to save his life presented their closing arguments to the jury on Tuesday. Secured Transactions Outline & Purpose | What is a Secured Transaction? sbright@schr.org What follows are excerpts from the proceedings in the case of State of Georgia v. William Anthony Brooks tried in 1991 in the Damaging testimony is even more devastating when used during closing argument because the attorney can set up the testimony, play only the important clips the attorney wants the jury to hear, and then argue why the testimony is important. Joe Biden's bizarre closing argument: 'Shut up, moocher'. It must span the river of Reasonable Doubt, otherwise, they have failed to meet their burden of proof. 198, False Testimony is the Cornerstone of the Prosecutions Case 199, Twins of Deception Wipe Out Their Testimony 200, Cant Trust the Message You Cant Trust the Messengers 200, Willful False Testimony Taints All the Evidence 200, Its Simple, Do You Believe this Witness Beyond a Reasonable Doubt 200, You Cannot Believe Known Liars Beyond a Reasonable Doubt 204, This Case Rises and Falls on a Known Liar 205, It Only Takes One Lie Under Oath to Throw Out the Case 206, Witness is Always Blaming Someone Else 208, Its Not Badgering If the Witness Refuses to Answer 208, Tell the Truth, You Always Get the Truth Right 213, You are Either Credible or You are Not 213, Credibility Doesnt Attach to a Title or Position 214, Hes Testifying for a Sentence Reduction 220, They Paid for the Snitchs Testimony with Freedom 222, Turning the Victims Demeanor Against Them 227, People React Differently Under Extreme Stress 227, His Demeanor Was Consistent with Innocence 230, Crying Does Not Equate to Being Truthful 235, Coached Witness Couldnt Recall Anything on Cross 239, The Prosecution Coached a Perjurious Witness 240, We Know Nothing About These Witnesses Why Trust Them? There are many resources trial attorneys can use to assist in crafting arguments to support awards for general damages. The prosecution brings the case against someone, and the accused person is the defendant. Concepts like the burden of proof, the preponderance of evidence, or the proximate cause should be explained. 2150 Third Avenue North, Suite 210 Anoka, MN 55303, Hopkins Office
Structure Your Closing Arguments Effectively Defense attorneys fear that presenting an alternative dollar amount to jurors in closing argument conveys that there should be an award of damages and the award should be in the range between the defendant's low number and the plaintiff's high one. The following steps detail how to write a closing argument: As each case is unique and distinct from other cases, many different themes can be incorporated in the closing arguments. Simpson is perhaps one of the most famous closing arguments. The evidence needs to be argued. This book does not focus on theory. They are the gold standard all lawyers should strive for. Discuss the facts of the case in a way that favors your side. The judge has the discretion to limit each partys closing argument to a reasonable time. Jason Sheffield, defense attorney for . flashcard set{{course.flashcardSetCoun > 1 ? . If a case permits it, an animation can be useful not only during trial, but also during closing argument. In one case, my office created an animation for closing argument showing the hands of a magician moving shells around a table. Simpson case, the judge said, if the glove doesn't fit, you must acquit. Rebuttal "The defense's theories just don't add up," Maurene Comey said in the prosecution's rebuttal. During closing arguments Monday in the trial of three men charged with the murder of Ahmaud Arbery, an African American shot in 2020 while jogging in Glynn County, Ga., lawyers for the defendants each employed different strategies to try to show that the killing of the unarmed 25-year-old was justified. Start with a clever or interesting statement that gets to the heart of the matter. lessons in math, English, science, history, and more. I extracted the best examples of common closing argument topics, such as Burden Shifting, Credibility, and Reasonable Doubt. During his closing argument in the Derek Chauvin trial, defense attorney Eric Nelson focused on the legal principles "presumption of innocence" and "proof beyond a reasonable doubt." He explained . There are few rules that govern closing argument; accordingly, it should be fun to watch. Almost any demonstrative evidence used during closing argument is better than none. The closing argument is the last thing the jury will hear and serves to point out the key themes for them to remember. Most jurors find objections during closing argument to be rude. A good closing argument begins with an interesting or bold statement, establishes a theme, addresses the burden of proof, reviews and summarizes the evidence in a narrative format, addresses inconsistencies in the case, anticipates counterarguments, and ends with clear instructions for the jury. Dumped NBA Star Goes After Team Therapist Who Exposed Him. In July 20. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. He is a married man with two kids and a beautiful wife. Making the case bigger than just the facts presented may tend to elevate the importance of the case and increase the damages award. Ancient advocates spent their lives training and practicing their oratory skills, which were passed down from generation to generation. Kick-Ass Closings: A Guide to Giving the Best Closing Argument of Your Life. Dennis Murphy PT2 6-WI v. Dahmer: Det. Try refreshing the page, or contact customer support. I have been a lawyer in the criminal justice system for 25 years and the below were written by me based on ideas from a variety of different cases that I have taken to trial. Common themes in civil cases include: In a criminal case, where the penalty is imprisonment or fines, common themes include: A closing argument outline example that shows how to write a closing argument is as follows: An effective closing statement template begins with: "Ladies and gentlemen of the jury" and states an interesting hook. Though they may refer only to evidence presented at trial, closing arguments are often elaborate, sometimes containing flowery descriptions and an appeal to the humanness of the jurors. (WASHINGTON) -- Prosecutors accused former President Donald Trump ally Tom Barrack of "leveraging his access" while the defense accused the prosecution of "misdirection" as closing arguments concluded Tuesday in Barrack's trial on charges of illegal foreign lobbying. Robert Crowe's Summation for the State; Clarence Darrow's Summation for the Defense 25 9th Ave North, Hopkins, MN 55343, Child Pornography Possession / Distribution. He then ended with a "thank you" and gave instructions to the jury. Giving mercy to Nikolas will say more about who you are than it will ever say about him," public defender Melisa McNeill told the jury. Review and summarize the evidence and applicable laws. A closing argument is an opportunity for you to argue your case, and to explain why they should side with you and your client.