Who goes last in closing arguments?
Asked by: Mr. Juwan Altenwerth | Last update: May 26, 2025Score: 5/5 (15 votes)
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.
Which side speaks last in closing arguments?
Key Concepts. 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.
Who presents first in closing arguments?
The plaintiff, having the burden of proof, usually has the right to give her closing argument first, followed by the defendant's closing argument. In many jurisdictions, the plaintiff may use all of the allotted time, or the plaintiff may reserve time (e.g., ten minutes) to use after the defendant's closing argument.
What is the proper order of final arguments?
The lawyer for the plaintiff or government usually goes first. The lawyer sums up and comments on the evidence in the most favorable light for his or her side, showing how it proved what he or she had to prove to prevail in the case. After that side has made its case, the defense then presents its closing arguments.
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.
Ponzi Scheme Murder Trial: Prosecution Closing Argument
Who has final say in closing arguments?
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.
What can't you say 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.
What is the Chewbacca defense?
It is an intentional distraction or obfuscation. As a Chewbacca defense distracts and misleads, it is an example of a red herring. It is also an example of an irrelevant conclusion, a type of informal fallacy in which one making an argument fails to address the issue in question.
Who gets the last word in a trial?
The prosecution goes first, followed by the defense and a rebuttal by the prosecution. Because the prosecution has the burden of proof, it gets the final word.
Why does prosecution go last in closing arguments?
The reasoning for that is that the prosecution bears the burden of proof and that they should have the last chance to tell the jury that they have in fact met that burden.
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.
Who speaks first in court?
The side bringing the case is the side that bears the burden of proof, and thus always goes first. This is the prosecuting attorney in a criminal case, or the plaintiff in a civil case. The defense then follows with their opening statement.
Who presents their closing statement first?
Closing arguments
The plaintiff will go first. Then the defendant. After the defendant does their closing statement, the plaintiff can make a brief final argument to address anything from the Defendant's argument (give a rebuttal).
What is the best line to end an argument?
“I understand.” These are powerful words. They work because they offer empathy. They stop an argument by changing its direction – trying to understand someone else's point of view isn't an argument.
Who goes last in a trial?
The prosecution speaks last in a criminal trial because they have the burden of proof beyond a reasonable doubt. Any doubt the defense may raise during their portion of the closing arguments, the prosecution gets to rebut.
What is the shaggy defense?
A Shaggy defense is phrase used by commentators to describe an event in which a person denies an accusation with the simple defense of "it wasn't me", despite overwhelming evidence to the contrary.
What does "the glove don't fit" mean?
However, when Simpson tried the gloves on in court, he struggled to get them onto his hands. This led to the defense claiming that if the former NFL star could not fit in the gloves, he couldn't have committed the murder.
What is the Wookie rule?
The Wookiee honor code was a rule in Wookiee culture which forbade Wookiees from using their extendable claws for anything other than climbing. In the year 34 ABY, Chewbacca, a Wookiee male from Kashyyyk, used his claws to kill a First Order stormtrooper following the murder of his closest friend, Han Solo.
What is the correct order of 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.
How do you end an argument that won't end?
"Let's Agree To Disagree"
This classic statement is a great way to end an argument. Dr. Berry calls this "a more direct version" of the previous statement, and Dr. Malek says that it can help reduce tension and allow both parties to feel like they've been heard.
What is the translation of "voir dire"?
What does the term "voir dire" mean? The phrase "Voir Dire" literally means, "to speak the truth." In court, it refers to a process of determining whether a juror can serve fairly and impartially in a given case by asking the juror various questions.
What is the mongoose method?
The Mongoose Method is conceived to restore balance to our justice system. The goal is to beef up the arsenal of our defense bar; train our members to proactively recognize and avoid traps; educate employees and the greater business community that depend so heavily on our services.
What is a golden rule motion in limine?
A Golden Rule argument asks the jurors to place themselves in the position of the plaintiff and ask themselves how much money they would want to be willing to suf- fer the injuries that she has suffered.
What is primate snake theory?
The “Snake Detection Theory”3,4 argues that snakes were ultimately responsible for the origin of primates by acting as a selective pressure in the modification and expansion of primate visual systems such that vision is now their predominant sensory interface with the environment.