What can't you say in closing arguments?
Asked by: Jeanie Ferry MD | Last update: October 24, 2025Score: 4.8/5 (54 votes)
Counsel cannot use the closing argument as an opportunity to refer to evidence that wasn't part of the trial. For example, an attorney can't argue that no similar crimes have been committed in the location in question since the defendant's arrest without having presented evidence to that effect.
What cannot be included 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.
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.
Can lawyers say anything in closing arguments?
In closing arguments to the jury, an attorney shall not: (1) become abusive, (2) express his personal belief as to the truth or falsity of the evidence, (3) express his personal belief as to which party should prevail, or (4) make arguments premised on matters outside the record.
What dangers must a prosecutor avoid in a closing argument?
(b) The prosecutor should not express his or her personal belief or opin- ion as to the truth or falsity of any testimony or evidence or the guilt of the defendant. (c) The prosecutor should not make arguments calculated to appeal to the prejudices of the jury.
Ponzi Scheme Murder Trial: Defense Closing Argument
What not to say to a prosecutor?
- Agreeing to a deal you don't understand: Sometimes, a prosecutor may try to negotiate your charges with you. ...
- Giving them information they don't know: Much like police, prosecutors may also try to act like your friend when speaking with them.
Are you 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.
Who gets last say 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. They get to sit there and listen, and then the prosecutor has the last word.
How do you win a closing argument?
- The power of substance.
- Draft early, draft often.
- Acknowledge the court staff, the jury, your client, and your team.
- Keep it simple – not stupid.
- Practice your delivery.
- Use formal presentations as necessary.
- Take the jury through the trial witnesses and evidence.
- Deal with bad facts and bad witnesses.
What can you object to in court?
You can object if you think the other side's evidence, witness testimony, or question should not be allowed. The rules for what is allowed in court are in the evidence code. If a judge agrees with your objection, the evidence or testimony won't be part of the official court record and can't be used to decide your case.
Who goes 1st in closing arguments?
The Right to Present a Defense
They are also entitled to give a closing argument. Usually, the prosecution first makes a closing argument, then the defense attorney. The prosecutor, who has the burden of proof, frequently gets the chance to respond to the defense's final argument.
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.
How long is a closing argument supposed to be?
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 the burden of proof in a closing argument?
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 does a judge say when a 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.
Why does defense go first 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 respectfully?
- “Let me think about that.” This works in part because it buys time. ...
- “You may be right.” This works because it shows willingness to compromise. ...
- “I understand.” ...
- “I'm sorry.” ...
- “Can we take a break and revisit this later?”
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 is a good closing remark?
Examples of some good closing remarks include thank yous to workers for attending, confirmations of the following steps, and reminders of follow-up items.
What can you not say in a closing argument?
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.
Why do prosecutors get the last word?
Getting the last word is important. The principle of recency tells us the people tend to remember what they hear last. What better way to send the jury into the deliberation room that with your powerful closing argument ringing in their ears?
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.
What is the golden rule in the closing argument?
Answer: The “Golden Rule” is a rule from the Bible that states “do unto others as you would have them do unto you” (Matt. 7:12) which is a great rule, but it is not allowed in closing arguments in either civil or criminal cases.
Who goes last in closing arguments?
The defendant usually goes second. The plaintiff or prosecution is usually then permitted a final rebuttal argument. In some jurisdictions, however, this form is condensed, and the prosecution or plaintiff goes second, after the defense, with no rebuttals.
Can you introduce new evidence in closing arguments?
The Gist of this Article: A DA may not argue facts not in evidence in closing argument or try to introduce evidence in the closing argument that was not previously admitted into evidence (as one DA in Torrance recently did). Mr.