Scribd Logo
Upload

Welcome to Scribd!

  • Closing Argument or Conclusion Writing

    Uploaded by

    Muhammad Saqib
    167 views8 pages
    This piece of work explains the way to close the argument in a convincing manner to get the desired effect.

    Original Title

    Closing argument or conclusion writing

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This piece of work explains the way to close the argument in a convincing manner to get the desired effect.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    167 views8 pages

    Closing Argument or Conclusion Writing

    Uploaded by

    Muhammad Saqib
    This piece of work explains the way to close the argument in a convincing manner to get the desired effect.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 8

    Closing argument

    Page issues

    A closing argument, summation, or


    summing up is the concluding statement
    of each party's counsel reiterating the
    important arguments for the trier of fact,
    often the jury, in a court case. A closing
    argument occurs after the presentation of
    evidence. A closing argument may not
    contain any new information and may only
    use evidence introduced at trial. It is not
    customary to raise objections during
    closing arguments, except for egregious
    behavior.[1] However, such objections,
    when made, can prove critical later in
    order to preserve appellate issues.

    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. In
    some jurisdictions, however, this form is
    condensed, and the prosecution or plaintiff
    goes second, after the defense, with no
    rebuttals. Either party may waive their
    opportunity to present a closing argument.
    During closing arguments, counsel may
    not (among other restrictions) vouch for
    the credibility of witnesses, indicate their
    personal opinions of the case, comment
    on the absence of evidence that they
    themselves have caused to be excluded, or
    attempt to exhort the jury to irrational,
    emotional behavior.

    In some countries (e.g. France or


    Germany), in criminal cases, the
    defendant's counsel always makes his
    closing argument last, after the public
    prosecutor or any other party. Sometimes
    the defendant is allowed to address the
    court directly after his or her counsel's
    closing argument.

    In a criminal law case, the prosecution will


    restate all the evidence which helps prove
    each element of the offence. In the USA,
    there are often several limits as to what
    the prosecution may or may not say,
    including precluding the prosecution from
    using a defendant's exercise of his Fifth
    Amendment right to silence as evidence of
    guilt.[2] One of the most important
    restrictions on prosecutors, however, is
    against shifting the burden of proof, or
    implying that the defense must put on
    evidence or somehow prove the innocence
    of the defendant.

    In some cases, a judge's presentation of


    the jury instruction is also known as
    summing up. In this case, the judge is
    merely articulating the law and questions
    of fact upon which the jury is asked to
    deliberate.

    The purposes and techniques of closing


    argument are taught in courses on Trial
    Advocacy.[3] The closing is often planned
    early in the trial planning process.[4] The
    attorneys will integrate the closing with the
    overall case strategy through either a
    theme and theory or, with more advanced
    strategies, a line of effort. The prosecution
    should also state the main points and be
    sure to give their side of the argument and
    to be emotional.[5][6]

    See also
    Opening statement

    References
    1. http://www.manhattan-
    institute.org/html/cjm_38.htm
    2. See Cantrell, Charles L., Prosecutorial
    Misconduct: Recognizing Errors in Closing
    Argument, 26 Am. J. Trial Advoc. 535
    (2003)
    http://works.bepress.com/cgi/viewcontent.
    cgi?article=1035&context=charles_cantrell
    3. Lubet, Steven; Modern Trial Advocacy,
    NITA, New York, NY 2004 pp. 42 et. seq.
    ISBN 1556818866
    4. Dreier, A.S.; Strategy, Planning & Litigating
    to Win; Conatus, Boston, MA, 2012, p. 2;
    ISBN 0615676952
    5. O'Toole, Tom (PhD) & Schmid, Jill (PhD);
    Tsongas Litigation Consulting. Effective
    Opening Statements and Closing
    Arguments. King County Bar Bulletin. Dec.
    2010. Accessed Jan. 12, 2017.
    6. Dreier, p. 46-73
    External links
    Closing Arguments in Criminal Cases

    Retrieved from
    "https://en.wikipedia.org/w/index.php?
    title=Closing_argument&oldid=855929607"

    Last edited 3 months ago by Philipp…

    Content is available under CC BY-SA 3.0 unless


    otherwise noted.

    You might also like