Just as trials begin with statements from lawyers about the case, they end with a direct address to the judge or jury. The opening statement sets out what each party wants to prove; The final argument, which is generally more forceful, has broader ambitions. By summarizing the facts, evidence and testimonies presented during the trial, the final argument seeks to deal a fatal blow to the opposing case while ultimately proving the lawyer`s own. Litigators attach great importance to their final argument or summary, as this is their last chance to be convincing before the judge or jury begins deliberations. As an art form in itself, final advocacy often produces the most dramatic discourse in a process, characterized by criticism, appeals to emotions and reason, and flowery rhetoric. Unlike the rest of the trial, where the lawyer must extract information from witnesses according to strict rules of evidence, the final plea is the time for the lawyer to dramatize the case and tell a story to the jury. Here, the lawyer tries to convince the jury to make a judgment in his favor, and he often uses creative strategies and techniques to do so. However, the lawyer can only do so on the basis of the evidence presented and cannot ask the jury to consider factors other than those presented in court. For example, the lawyer cannot try to get the jury to use his or her personal biases or biases to determine the outcome of the case. The lawyer can only comment on the evidence, explain the evidence and tell the jurors to be convinced of what was presented throughout the trial.
In the United States, the plaintiff is in principle entitled to open the argument. The defendant usually moves into second place. The plaintiff or the crown is then generally allowed to present a conclusive rebuttal argument. In some jurisdictions, however, this form is condensed, and the prosecution or plaintiff comes second only to the defense, without rebuttals. Either party may waive the opportunity to present final arguments. Throughout history, rhetoric has taken a prominent place in abstracts. Speakers, including lawyers, have always known that style in a speech can be as compelling as substance. Colonial prosecutor Josiah Quincy spiced up his closing arguments with rich outrages. “Does the law allow a member of the community to behave in this way towards his fellow citizens,” Quincy thundered at the trial of British soldiers accused of murdering protesters in the Boston Massacre of 1770, “and then tell the wounded to be calm and moderate?” He then quoted Shakespeare.
But he met his partner in lawyer John Adams, whose summary helped secure the soldiers` acquittal. Adams argued that every soldier “would have the right to deprive of life those who strove to deprive him of his own. This is a point I would not give up for my right hand, no, for my life. The lawyer who makes the final plea is judged both on the content of the degree and on its performance (ability to speak in public). Note: Rule 29.1 of the Federal Rules of Criminal Procedure requires the prosecutor`s office to open the final statement once the evidence has been completed. The defense responds, and the prosecution can offer a rebuttal. The last way is the lawyer`s last plea before the consultation begins. The lawyer repeats the important arguments, summarizes what the evidence showed and what didn`t, and asks the jury to review the evidence and apply the law in his client`s favor. The purposes and techniques of the final argument are taught in the courts on trial advocacy. [3] Completion is often planned early in the design of experiments. [4] Lawyers will integrate the degree into the overall case strategy, either through a topic and theory, or, for more advanced strategies, through a line of effort.
Prosecutors should also state the main points and ensure that they present their views on the argument and are emotional. [5] [6] Closing arguments and rebuttals vary in duration. Hollywood court dramas often turn the final argument into a short and concise statement; In real life, it can take much longer. Sums that last an hour or more are typical. Depending on the complexity of a case, the entire summons period can take several days, especially in jury trials where many witnesses and difficult scientific evidence have been presented. However, most lawyers avoid continuing to strangle for fear of losing the jury`s attention or possibly suffering from their antagonism. Ultimately, the length of a final plea is at the discretion of the judge, who may impose a time limit.