A closing argument is the final opportunity for lawyers to summarize their case and persuade the judge or jury. It is also called a summation and can last over an hour. In criminal cases, the prosecutor speaks first and may have a chance to refute the defense lawyer’s summary. Lawyers use various persuasive tools, such as displaying pictures, to influence the jury.
A closing argument is the final argument made by an attorney in a criminal or civil case. It is an opportunity for attorneys for both plaintiff and defendant to summarize the main arguments and points of the case. Most attorneys consider the closing argument a vital part of their case, as it is their last chance to attempt to get the judge or jury to see the matter from their point of view.
A closing argument is also called a summation. This term is appropriate, because most lawyers summarize both the legal arguments and the factual arguments made during the case. Part of the goal is to remind the jury or judge of the key points made by each attorney and to have one last opportunity to get the jury to interpret the arguments in the light most favorable to their side.
In the United States, tradition has it that in a criminal case, the prosecutor has the opportunity to present his closing arguments first. These last considerations are followed by the defense lawyer’s summary. In criminal proceedings, the prosecutor also has the possibility to “refute” or reply to the observations made by the defense attorney. In a civil case, a defendant’s attorney generally provides his or her fee after the plaintiff’s attorney, but no opportunity for a rebuttal is normally offered. The prosecution is afforded this extra chance to speak in a criminal case because prosecutors are held to a higher standard of proof in criminal cases than plaintiffs are in civil cases.
In most court situations, there is no set minimum or maximum time for filing a closing argument. In some cases, each attorney can make a closing argument that lasts more than an hour. Judges have the right to limit the amount of time each attorney speaks in making his closing remarks, however, and many attorneys voluntarily keep remarks relatively brief as they do not want to bore the jury.
Lawyers can use any number of tools to make a closing argument in order to attempt to influence the jury. It is not uncommon for a prosecutor to display pictures of the victim in a closing argument, for example, to remind the judge or jury of the nature of the crime committed. While the opposing party may object to statements made in a closing argument if the statements are too broad in scope, lawyers are generally given leeway to employ many different types of persuasive tools in making their conclusions.
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