Social Science Courses/Intro to Criminal Justice: Help and ReviewCourse
- AuthorChristine Liddell
Christine Liddell graduated from the University of Nevada, Reno in 2019 with a Bachelor of Science in Mining Engineering. She has tutored English and History, as well as STEM classes, such as Statics, Calculus, and Thermodynamics.
View bio - InstructorJessica Schubert
Jessica is a practicing attorney and has taught law and has a J.D. and LL.M.
View bio
Explore written closing argument examples. Learn how to write a closing argument and how to use closing argument outlines and closing statement templates.Updated: 11/21/2023
Frequently Asked Questions
What is an example of a closing argument?
An example of a closing argument is the lawyer opening with a statement, "How can my client be in two places at once?". The lawyer could then incorporate the theme of an alibi, arguing that the defendant could not have possibly committed a crime because they weren't even in the country when the crime took place. The lawyer could then review the facts and timeline of the case, as well as review the pertinent laws. 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.
How do lawyers start their closing statement?
Lawyers should start their closing argument with an interesting or clever comment. This comment gets the jury's attention, and the lawyer can then go on to incorporate a theme and discuss the relevant facts of the case.
How do you write a strong closing argument?
To write a strong closing argument, one should start with an interesting or clever statement. Then, a theme like police error or mistaken identity should be incorporated. The attorney should discuss the facts of the case as if they are telling a story and review the laws and evidence relevant to the case. Finally, the lawyer should summarize everything and reference the interesting statement they made at the beginning.
Table of Contents
- What is a Closing Argument?
- How to Write a Closing Argument
- Closing Argument Example
- Lesson Summary
A closing argument is the final statement an attorney makes to the judge and jury at the conclusion of a civil or criminal trial. The closing argument provides a summary of the case and is intended to persuade the jury to render a verdict in favor of the attorney's respective client. No new evidence can be introduced during the closing argument, as it is a summation of the current case. Typically, the plaintiff's attorney presents their closing argument first, followed by the defendant's attorney.
Although it is not against the rules, most attorneys choose not to object during the other side's closing arguments. However, the plaintiff's counsel may rebut the defense's closing argument. During this rebuttal, the plaintiff counters the defense's points in their closing argument. The plaintiff (prosecution) is allowed to rebut because they have the burden of proof. As the defense does not have the burden of proof, they can choose to forgo a closing statement due to the legal concept of being innocent until proven guilty.
A famous closing argument example is in the trial of former football star O.J. Simpson. O.J. Simpson was accused of murdering his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman. The attorney for O.J. Simpson, Johnnie Cochran, delivered the famous line, "...if it doesn't fit, you must acquit" in reference to a pair of gloves that were supposedly left at the crime scene by the real killer. The prosecution asserted that the gloves belonged to O.J. Simpson, who must have dropped them when fleeing the scene after murdering two people. The defense, however, argued that those gloves were much too small to belong to O.J. Simpson and indicated the presence of a different killer. O.J. Simpson, the defendant, was found not guilty.
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Closing Argument Definition
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. The terms closing statement and closing argument are used interchangeably and mean the same thing; both refer to the summation of a case by the respective attorneys. In the closing argument, the prosecution argues that the defendant is guilty, and the defense argues that the defendant is innocent. The prosecution brings the case against someone, and the accused person is the defendant.
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The following steps detail how to write a closing argument:
- Begin the closing argument with a bold, interesting, or clever statement to capture the jury's attention.
- Incorporate a theme to reinforce the points made during the trial.
- Discuss the burden of proof and how it was met or exceeded by the arguments made.
- Review the evidence, but do not introduce new evidence that was not discussed previously. The facts and evidence should be presented as a story in narrative format to help the jury remember the evidence and draw conclusions from it.
- Focus on the evidence favorable to the correct side, but do not ignore unfavorable facts. It is essential to also address weaknesses in the case without dwelling on them. The main goal is always to persuade the jury.
- Anticipate the arguments the opposing side will make and address them.
- Clarify and deliver jury instructions. Concepts like the burden of proof, the preponderance of evidence, or the proximate cause should be explained.
- Explain how the verdict form should be filled out if the jury agrees with the case one just made.
Closing Argument Themes
As each case is unique and distinct from other cases, many different themes can be incorporated in the closing arguments. Themes also vary depending on the type of trial, whether civil or criminal.
In a civil case, a private party is being sued for monetary damages. Civil cases are non-criminal cases. Common themes in civil cases include:
- A defectively made product caused harm or injury.
- Negligence on the defendant's part caused the plaintiff's wrongful death.
- A healthcare institution committed medical malpractice.
In a criminal case, where the penalty is imprisonment or fines, common themes include:
- Mistaken identity, meaning the defendant was confused with the person who actually committed the crime.
- Insufficient evidence where the prosecution did not meet its burden of proof.
- Police error rendered all evidence found at a crime scene unusable and irrelevant.
- An alibi witness can vouch for the fact that the defendant was doing something else or was somewhere else at the time a crime was committed.
Closing Argument Outline
A closing argument outline example that shows how to write a closing argument is as follows:
- Begin with an interesting hook or clever statement.
- Establish a theme. In the aforementioned O.J. Simpson case, the theme was insufficient evidence. The defense argued that if the glove was the best evidence the prosecution had, and it did not even appear to belong to Mr. Simpson, then he must be innocent.
- Discuss the burden of proof. It should be clear how one side met that standard and the other did not.
- Review and summarize the evidence and applicable laws. The attorney should create a story that is easy for the jury to remember and from which they can draw conclusions.
- Address inconsistencies or weaknesses in the case.
- Anticipate and attack the opposition's arguments.
- End the statement with jury instructions and directions on how to fill out the verdict form.
Closing Statement Template
An effective closing statement template begins with: "Ladies and gentlemen of the jury..." and states an interesting hook. Begin incorporating a theme right after the hook. After the hook, begin getting more specific and identify precisely how the burden of proof was met by one side but not the other. Transition into discussing the laws and facts. State the facts of the case in story format, such as, in the case of the defense, "On (insert date of crime here) my client (name) was performing (activity) and therefore could not have committed (insert crime here)." Mention weakness, such as "Although (action) may suggest my client's guilt, this is incorrect for (insert reasons here)." Then, anticipate the other side's argument by saying, "Although the other side will argue (insert argument here), I have proven that (insert refuting evidence here)." Then, clarify the jury instructions and end with a "Thank you."
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