Opening Statement The opening statement at the beginning of the trial is limited to outlining facts. This is each party's opportunity to set the basic scene for the jurors, introduce them to the core dispute s in the case, and provide a general road map of how the trial is expected to unfold.
That is the legal standard you must apply in this case. That is not an impossible task. Hundreds of juries are doing it as we speak Prosecuting argument thousands have done it this month. Working together you can apply this standard to the facts you heard in this case. This, however, begs the question.
Is this closing argument obtainable? The Case In a recent Illinois decision, the defense attorney argued to the jury: Thompson who stole those laptops.
Not that it could have been him, it might have been him, probably could have been him.
No, that is Prosecuting argument enough. They have to prove it beyond a reasonable doubt. Nothing looks wrong in this closing. I think it is fair to say that this kind of argument may be the most popular on the defense side.
In this case, it went like this: Basically you are left here to guess. That is not proof beyond a reasonable doubt. The State's Response In rebuttal, the State argued: It's not proof beyond all doubt, it's not prove any doubt [sic], it's proof beyond a reasonable doubt.
And you are the ones that determine what a reasonable doubt is.
Downswe know that the last sentence above is proper. No, a prosecutor cannot define reasonable doubt for the jury. But the state can tell the jury that they are the ones to determine what reasonable doubt is.
Reviewing Court's Response The reviewing court in this case also said that it was not reversible error for the State to have told the jury that other juries across the country define, apply, and meet the burden of proof beyond a reasonable doubt in criminal cases every day.
Specifically, the reviewing court said that: But, were we considering this issue under the plain error standard, no prejudice resulted where defense counsel's argument invited the prosecutor's remarks.
This court did not come right out and say that it was objectionable. The court merely said that under the plain error standard no reversible error occurred. This was their way of saying: My Reasonable Doubt Argument Logically, the reason why such a statement would be improper is because it is prejudicial.
What happens in other cases by other juries is irrelevant to the case at hand.
It is also true that police misconduct happens in other cases. File a Motion in Limine I think, the defense bar would be well served to amend their general motion in limine to include a line that bars the State from pursuing this line of argument.
I pulled out the cases cited in Thompson that you can cite in your motion. The cases that discuss this issue are: Remember, if the conviction was sustained under a plain error standard, the presumption is that an error did occur in the first place. If you have 10 minutes a day sometimes lessa phone, and know how to push play then this may be for you.After the prosecution’s closing arguments, which lasted more than an hour and a half, the court broke for recess.
The defense is set to deliver closing arguments on Wednesday afternoon before. Closing Argument Only after the jury has seen and heard the factual evidence of the case are the parties allowed to try to persuade them about its overall significance. Closing arguments are the opportunity for each party to remind jurors about key evidence presented and to persuade them to adopt an interpretation favorable to their position.
The prosecution took the floor again for final argument. Referring to the defense’s “drug user, not drug smuggler” comment, the prosecution restated that the defendant is not being charged with smuggling.
On a mid-afternoon day in October of , the defendant, Stu Dents, left his apartment and drove to the victim’s apartment. There were two eyewitnesses that saw the defendant walk into the apartment building to his girlfriend’s (victims) apartment, and enter.
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