Closing argument
Encyclopedia
A closing argument, summation, or summing up is the concluding statement of each party's counsel
(often called an attorney in the United States) 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 objection
s during closing arguments, except for egregious behavior. 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 himself 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
. 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.
Counsel
A counsel or a counselor gives advice, more particularly in legal matters.-U.K. and Ireland:The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers...
(often called an attorney in the United States) reiterating the important arguments for the trier of fact
Trier of fact
A trier of fact is a person, or group of persons, who determines facts in a legal proceeding, usually a trial. To determine a fact is to decide, from the evidence, whether something existed or some event occurred.-Juries:...
, often the jury, in a court case. A closing argument occurs after the presentation of evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
. A closing argument may not contain any new information and may only use evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
introduced at trial. It is not customary to raise objection
Objection (law)
In the law of the United States of America, an objection is a formal protest raised in court during a trial to disallow a witness's testimony or other evidence which would be in violation of the rules of evidence or other procedural law...
s during closing arguments, except for egregious behavior. However, such objections, when made, can prove critical later in order to preserve appellate issues.
In the United States, the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
is generally entitled to open the argument. The defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
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 himself is allowed to address the court directly after his or her counsel's closing argument.
In a criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
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
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
right to silence as evidence of guilt
Guilt
Guilt is the state of being responsible for the commission of an offense. It is also a cognitive or an emotional experience that occurs when a person realizes or believes—accurately or not—that he or she has violated a moral standard, and bears significant responsibility for that...
. 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.