A closing argument, summation, or summing up is the concluding statement of each party's

counsel A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''. The word ''counsel'' can also mean advice given ...

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 Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...

. A closing argument may not contain any new information and may only use

introduced at trial. It is not customary to raise objections 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 In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...

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 their closing argument last, after the public prosecutor or any other party. Sometimes the defendant is allowed to address the court directly after his or her counsel's closing argument. In a

criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...

case, the prosecution will restate all the evidence which helps prove each element of the offence. In the United States, 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. The purposes and techniques of closing argument are taught in courses on Trial Advocacy. The closing is often planned early in the trial planning process. The attorneys will integrate the closing with the overall case strategy through either a theme and theory or, with more advanced strategies, a

line of effort Line most often refers to: * Line (geometry), object with zero thickness and curvature that stretches to infinity * Telephone line, a single-user circuit on a telephone communication system Line, lines, The Line, or LINE may also refer to: Art ...

. The prosecution should also state the main points and be sure to give their side of the argument and to be emotional.Dreier, p. 46-73

References

{{Authority control Legal procedure

See also

References