closing argument (2024)

FAQs

What makes a good closing argument? ›

Keep your legal argument simple and understandable.

Show the jurors the elements of the crime, or cause of action, and make it absolutely clear why the facts support your position. If the opposition was inaccurate in their Opening Statement or made promises they did not keep, make them pay.

Amendments Proposed by the Supreme Court, Rule 29.1 is a new rule that was added to regulate closing arguments. It prescribes that the government shall make its closing argument and then the defendant shall make his. After the defendant has argued, the government is entitled to reply in rebuttal.

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.

Include a call to action.

Once you identify what you want people to do as a result of your speech, conclude with a clear call to action that specifically tells the audience how they can get involved. Make sure it's a reasonable request as opposed to something too unrealistic.

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.

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.

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.

Judge: (After verdict is read) Thank you, Jury, for your service today. Court is adjourned.

The issue had been resolved for criminal cases in Craig v. State, 510 So. 2d 857, 865 (Fla. 1987) (holding that a prosecutor's closing argument remarks characterizing the defendant as being a “liar” were not improper in view of the record evidence).

What dangers must a prosecutor avoid in a closing argument? ›

Don't Overstate (or Fabricate) Evidence

Some overly aggressive attorneys overstate or simply make up evidence to support their closing argument. This can ruin your credibility and prompt a sustainable (and embarrassing) objection.

Deliberation: After closing arguments, the jury is isolated to decide the verdict of the case.

Beyond a reasonable doubt: A verdict of "guilty" in a criminal case means that the jury has found that the person's guilt has been established beyond a reasonable doubt. The proof has to leave you with the conviction that the charge is true.

In most civil cases, the jury must apply the “preponderance of the evidence” standard of proof. This means that, to win, the plaintiff's lawyer must prove to the jury that the plaintiff's side of the story is more likely than not. It does not mean that one side brought in more evidence than the other side.

Your conclusion should summarize your point of view convincingly. Review your main points and tell your audience what action you would like them to take; address and resolve the main points from your introduction.

The techniques used to deliver a compelling closing argument include; organization, vivid language and compelling imagery. Style involves injecting your personality into every element of your presentation. There is a view among some lawyers that we should write out our closing argument prior to trial.

Closing arguments are the opportunity for each party to remind jurors about key evidence presented and to persuade them to adopt an interpretation favorable to their position.