Saturday 8 February 2014

How to Write a Closing Argument

A closing argument is delivered by attorneys at the end of a trial, after all of the evidence has been presented, witnesses and experts questioned, and the theory behind a prosecution or a defense is put forth. A closing argument is the last chance an attorney has to address the judge and jury. Unlike an opening argument, which can be written well in advance of the trial, a closing argument will be based on the events of the trial. Attorneys usually do not prepare them until both sides of the case have rested. Write a closing argument that is memorable, factual and informative. 1 Write a good outline. An outline for the closing argument will serve as a script, or a guide to follow while speaking to the jury. This will help you feel more organized, and will minimize the risk of forgetting key facts and possibly help your grade. Write down on a legal pad major points that need to be made, and fill in with details and specifics that will support your case is right. Ad 2 Re-establish the theory of the crime or defense. During the opening arguments, a statement should have been made that offers an explanation, motive or defense, depending on which side is being represented. Bring that theory to the jury again, and remind them that it was established at the beginning of the trial. 3 Review your evidence. Remind the jury of the facts you promised to prove to them, and take them step by step through the facts of the case as your side sees them. Include expert testimony, witness testimony and physical or forensic evidence that supports your theory. Point to the promises that have been fulfilled and the ideas proven from the opening statement. 4 Attack the opposition's case. Use this opportunity to point out discrepancies in the other side's theory. Challenge the overall position, as well as the other side's specific witnesses, evidence and experts. Highlight inconsistencies to discredit anything the other side tried to prove or defend. 5 Conclude with emotion. Once you have finished reviewing the story as your side sees it, appeal to the emotions of the jury. Make your final statements memorable, so they have your words in their minds as they begin to deliberate. End the argument on a strong and notable message. 6 Practice the closing argument. Use colleagues, friends or a mirror to practice your speech. Practice will make sure that the presentation is natural and comfortable, and that you follow your outline. Tips Remember to be organized. The jury will need to see the story from start to finish. Keep the argument chronological so the jury does not get confused or misunderstand your case. Be presentable. Dress well, keep a conversational tone, and make sure you come across as trustworthy and authoritative. Closing rebuttals are available for prosecutors in criminal cases. This can be used if something new and unexpected is brought up by the defense in their closing argument.

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