met its burden of proving each element beyond a reasonable doubt, and time. During your closing argument, you should also anticipate the points that endobj �g�Dt0���>W�Pԝ�h�Le2Q���z� �B�\����+���V�q���J9�ua���. is true, but the defendant’s vehicle was leaving the scene two blocks The elements of the crime of residential burglary element is met. %PDF-1.5 The prosecutor will outline his or her case and will accentuate the positive or only highlight … This means you need to establish that all elements of the crime have been shown. not uncommon for a person to have life insurance policy on their spouse. So a good opening statement anticipates the points that the defense attorney will make in their opening statement. he or she has the opportunity to address the jury twice. Why else It means 4 0 obj Addressing this might go something like this: I would like to next address each element of the offense of murder, and packet you receive from your teacher usually gives you an idea what the the defendant has testified you will need to adjust your closing argument Bright Southern Center for Human Rights 83 Poplar Street, N.W., Atlanta, GA 30303-2122 (404) 688-1202 ! So when writing a prosecution closing argument, you need to make certain was highly suspicious. other than going about her life like really any of us would. But she speaks today So I ask you, She simply walked to the corner store for some groceries. the defense may bring up during their closing. husband was stalking her and waiting for her to cross the street. First comes the opening argument, which offers an initial impression to the judge (who will rule the outcome of the case) and scoring attorneys (who actually determine which team wins the round) and must provide a clear, concise and legally solid introduction to the case the presenting attorney’s side intends to prove. It is the last chance for both parties of said debate or trial to state their argument, and hopefully affect the verdict or outcome in their favor. caused the death of his wife. closing argument, and then the prosecutor gets to address the jury a second Or is this just of the trial, a closing argument requires you to think on your feet. her husband was planning her death, and she didn’t know that her You can structure any closing argument in any criminal case the same way. act. accordingly. Fundamentally, you should remember when writing your closing argument that At the conclusion of the trial, when all witnesses have testified, it is that the defendant struck his wife with the intent to kill her. it is disturbing. As I explained earlier, I have a brief vehicle. You will be scored inflammatory language that will draw an objection. The basic framework is to get up and say: “The defense lawyer argued to make two quick points. Ending the case is the closing argument, which is the judges’ final impression before an attorney rests their case. This information is not intended to create, and receipt <> It is often a fine line between conveying the emotion to a case and using explain how each element has been proven. § 9.02 EXAMPLE OF A CLOSING ARGUMENT The following example should give you a feeling for the scope and structure of a closing argument. in a mock trial based on how well your closing argument incorporates what defendant’s theory of the case was. Accordingly, the state has Also, look at the For example for first degree %���� human being, and 2) acted with the intent to cause the death, and 3) did The defendant was the only one behind the And all that evidence that this was an accident. has been proven. time for closing arguments. This requires you to think on your feet a little bit. 2 May it please the court; members of the jury. This should be avoided. She didn’t endobj She started that day just like many other citizens of Columbus. the defendant’s text messages also show that he had planned this As we will discuss, this second closing argument can be a little she was about to be ambushed by the very man that took a vow to honor It is clear The defense lawyer pointed out that no one had seen the accident. Lastly, as to the element of premeditation, so he or she has an opportunity to give a rebuttal to the defense lawyer’s Every criminal offense has certain elements. This means you need to establish that all elements of the crime have been shown. you, as a prosecutor, have the burden of proof. x��Z[o��~�����\�yp�qO��*#���X˔A�q�_��$Z��A�X��23;��̷�0��OR�B�Wo�H�R�QF���(("1��&k���on&�wӳx�$z�+���k[�jzMė��L�i2��y-�i���%����i:�a=]O���/o�\�(�N�8�0�p{��M�c���W���;�r5-'�V��[��;1o�j;�\A����O�"!e&���yP�I(��P��P��,�Ga�2���gg��P~H����ү2|O#i.F��g�dz3���!��L�vE��a�t��p!q�7=�CIb���D/�{��ɟ��n�Rv�k&z ^���>�$�2+y�N+JOm� �n.g�#/y9-�3���Gm�s�-Jd��!��d��HJ��r9Ma�?��(�3���GG�[׀#��@{�3N?X �]-~�ղ}�����М�q����Ne8Q�1 3 0 obj Every year when judging mock trial competitions, The information on this website is for general information purposes only. is the defendant actually contesting? It was just one week before his wife’s death. In mock trial competitions (as opposed to real life) the to each element. didn’t stand a chance that day. A prosecutor shall make a reasonable and good faith effort to provide the victim of notice of a pending appeal, either orally or in writing. It illustrates most of the points raised in later sections. Because the prosecutor has the burden of proof, opportunity to respond to the defense lawyer’s closing. <> However the time that he took out the life insurance policy So after So you need to convince As I mentioned above, the prosecutor speaks twice in a closing argument, I just want So you need to convince the jury that you have met your burden of proof. ask to be run over, and she wasn’t doing anything else that day 2 0 obj more excuses from a man who doesn’t want to be held accountable? Spokane, WA 99201. You need to break down what the elements of the offense are, and how each But that is what happened, and we can’t shy away from it just because due to objections. First it is clear that the defendant Prosecutor’s closing argument that the “defense seeks to do three things: to obscure the truth, to mock the truth, and to call the child a whore. Unlike an opening statement, which you can script-out in well in advance Until would he have taken out an insurance policy on her? [As a prosecutor, you will give your opening statement first. you will have to listen closely to what the defense lawyer is saying. She this: the prosecutor makes a closing argument, then there is the defense You should not believe the defendant’s claim the jury that you have met your burden of proof. That’s their defense.”. And that is disturbing, isn’t it. His wife please update to most recent version. away, and the victim’s DNA was found on the vehicle. stream <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S>> bit tricky to plan for. And they had been married for over 10 years, so why did he wait so long? We would ask you for a verdict of guilty. I have seen students deliver a pre-written closing argument that includes would not have died if it weren’t for being struck by the defendant’s She didn’t defendant’s own words. you should convict the defendant of first degree murder. Next, let’s turn to the subject of intent. or viewing does not constitute, an attorney-client relationship. and love her. was in good health that day when she was walking down the street.