What Is a Closing Statement in Court?

Closing statements are a vital part of any trial.

Closing statements, also known as closing arguments, are the last opportunity for the defense and prosecution to make their cases to a judge or jury. Both sides use this as an opportunity to sum up their cases, point out flaws in the opposing side's case, and influence the jury's upcoming deliberations. Strict rules govern the permissible content of these statements.

Steps of a Trial

Trials are back and forth arguments between prosecution and defense. The core of all trials is the evidence phase. In this phase, both sides present evidence, whether direct or circumstantial, in the form of witnesses' testimony or physical evidence. Either side can choose to cross examine witnesses brought forth by the opposing side. Closing statements are the final communication between both sides and the jury or judge.

Goals

Both sides have specific goals when presenting closing statements. In criminal cases, the burden of proof is on the prosecution. The closing is the prosecution's final opportunity to sum up the case against the defendant and prove the charges. The goal of the defense is to raise reasonable doubt on the part of the jury concerning the prosecution's case. Juries are instructed to convict only if convinced beyond a reasonable doubt.

Procedure

In closing arguments, the prosecution speaks first, summarizing the evidence that has been presented during the trial. The defense will follow, pointing to any perceived flaws in, or shortcomings of, the prosecution's case. Because the burden of proof is on the prosecution, they will have the opportunity to speak again after the defense. This is called the rebuttal or a concluding argument wherein they may address points brought up in the defense's closing argument. This is the prosecution's final appeal to the jury or judge.

Parameters

During closing arguments, both sides must follow certain rules. They can only discuss evidence that has been presented during the trial--no new evidence or witnesses can be presented at this point. The defense can choose not to make a closing argument. If they decline to do so, the prosecution is not allowed to make a second, follow-up statement. Closing arguments are not considered evidence.

Instructions to the jury

The judge will speak directly to the jurors, discussing the laws relevant to the facts of the case. She will inform the members of the jury that it is their responsibility to make their decision in the context of the relevant laws and not by their opinion of what the laws should be. In some cases the judge will give instructions to the jury before closing statements. In this situation, closing arguments can be altered to reference the judge's instructions.

References

• Legal Dictionary: Burden of Proof
• American Bar Association: Closing Arguments