Can lawyers say anything in closing arguments?

Asked by: Ignacio Murazik  |  Last update: January 31, 2025
Score: 4.7/5 (60 votes)

The judge usually indicates to the lawyers before closing arguments begin which instructions he or she intends to give the jury. In their closing arguments the lawyers can comment on the jury instructions and relate them to the evidence.

What can't you say in a closing argument?

You cannot explicitly inject your personal opinions into a closing argument. You can't say, for example, "I personally believe there is no doubt as to the defendant's guilt." Likewise, you cannot personally vouch for a witness.

Are lawyers allowed to object during closing arguments?

You must act quickly since objections to closing arguments must be timely. Courts hold that an objection to improper argument must be made before the judge submits the case to the jury to deliberate—i.e., during argument or immediately following. Otherwise, the objection is waived.

What do lawyers say in their closing statement?

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 .

What are the rules for closing arguments?

Closing Argument

At this point, parties are free to use hypothetical analogies to make their points; to comment on the credibility of the witnesses, to discuss how they believe the various pieces of the puzzle fit into a compelling whole, and to advocate why jurors should decide the case in their favor.

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Who gets to speak last in closing arguments?

In 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.

What is the golden rule of closing arguments?

A “golden rule” argument is one that, regardless of the nomenclature used, asks the jurors to place themselves in a victim's position. We have repeatedly held that a golden rule argument is improper, and we conclude that the State violated this prohibition in its closing argument.

How long do closing arguments usually last?

These tools are often useful during closing arguments, as they give the jury visuals on which to focus and can help the jurors form a complete picture of the arguments in their minds. Each closing argument usually lasts 20-60 minutes.

What is a strong closing statement?

They reinforce your main message, inspire action, and connect emotionally with the audience. A strong conclusion leaves a lasting impression, encouraging listeners to reflect and engage with your ideas long after the speech ends. Restate the main message or thesis. Reinforces the core idea of the speech.

Who decides the outcome of a case?

Trials in criminal and civil cases are generally conducted the same way. After all the evidence has been presented and the judge has explained the law related to the case to a jury, the jurors decide the facts in the case and render a verdict. If there is no jury, the judge makes a decision on the case.

What makes a good closing argument?

Conclusion: The conclusion of our closing argument must be powerful and memorable. This is our last chance to make an impression. We should summarize the key points succinctly, restate our case theme, and make a compelling call to action, urging the jury to deliver a verdict in our favor.

Can a prosecutor lie in closing arguments?

However, under California law, “conduct by a prosecutor that does not render a criminal trial fundamentally unfair is still prosecutorial misconduct . . . if it involves the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury.” Cunningham, supra, at 1000.

Can a lawyer object to an answer?

If the answer is irrelevant or confusing, the attorney may object and ask that it be stricken as "non-responsive" to avoid confusing the jury.

Can lawyers object during closing arguments?

As a caution, any objection to statements made during closing arguments must be timely. As a general rule, failure to promptly make the objection will waive the objection for appeal. There may be an exception to this rule if the comments were so inflammatory that a party was denied a fair trial.

Who has the last word in closing arguments?

The state and the defendant are both entitled to make two closing addresses to the jury. The state has the first and last closings if the defendant presents evidence; if the defendant does not present evidence, then the defense has the first and last closings.

How do you end an argument that won't end?

Here are four simple statements you can use that will stop an argument 99 percent of the time.
  1. “Let me think about that.” This works in part because it buys time. ...
  2. “You may be right.” This works because it shows willingness to compromise. ...
  3. “I understand.” ...
  4. “I'm sorry.” ...
  5. “Can we take a break and revisit this later?”

What is the burden of proof in a closing statement?

Burden of Proof. For criminal cases, state how your evidence met (or the prosecutor's evidence did not meet) the burden of beyond a reasonable doubt. For civil cases, state how your evidence met (or the plaintiff's evidence did not meet) the burden of preponderance of the evidence.

What is a strong ending statement?

A good conclusion should do a few things: Restate your thesis. Synthesize or summarize your major points. Make the context of your argument clear.

What not to do in a closing statement?

Don't Get Personal. Do not refer to jurors by name or tell overly personal stories. You will make jurors uncomfortable, and they will lose track of your argument. Stick to your case theme.

What is not allowed in closing arguments?

Don't express personal opinion.

You cannot explicitly inject your own credibility or personal opinions into a closing argument. (“I personally believe that there is no doubt as to the defendant's guilt.”). Likewise, you cannot vouch for a witness.

Who usually goes first in closing arguments?

The way that it works is at the end of the evidence – because the prosecutors have the burden, they get to go first, do their closing arguments, and then the defense gets to go.

What do judges say when the case is closed?

Judge: (After verdict is read) Thank you, Jury, for your service today. Court is adjourned. Any attorney may object to a question asked of a witness on the stand or the admission of an exhibit if s/he feels that it does not follow a rule of evidence.

How do you win a closing argument?

The closing argument
  1. The power of substance.
  2. Draft early, draft often.
  3. Acknowledge the court staff, the jury, your client, and your team.
  4. Keep it simple – not stupid.
  5. Practice your delivery.
  6. Use formal presentations as necessary.
  7. Take the jury through the trial witnesses and evidence.
  8. Deal with bad facts and bad witnesses.

What is reptile theory?

Reptile theory encourages the jury to focus on the acts of the defendant rather than the specific facts surrounding the individual plaintiff's injury. Combat that strategy by assessing your case promptly and developing your defense theory at the outset.

What comes after closing arguments?

After the judge gives you your instructions and you hear the attorneys' closing arguments, you leave the courtroom and go to the jury room to begin your deliberations. "Deliberation" is the process the jury uses to reach its verdict. During deliberations, the jury will discuss evidence and review law and facts. 2.