India Criminal Defense Manual - Arguments: Difference between revisions
From Criminal Defense Wiki
Jump to navigationJump to search
Ddemetriou (talk | contribs) Created page with '== Argument on the charges == Background The argument on the charges is an opportunity for the defense to marshal the significant facts in a logical fashion that makes sense�' |
Ddemetriou (talk | contribs) No edit summary |
||
| Line 1: | Line 1: | ||
== Argument on the charges == | == Argument on the charges == | ||
Background | ===Background=== | ||
The argument on the charges is an opportunity for the defense to marshal | |||
the significant facts in a logical fashion that makes sense and leads to one | The argument on the charges is an opportunity for the defense to marshal the significant facts in a logical fashion that makes sense and leads to one conclusion, a defense verdict. The argument on the charges may be the most effective piece of advocacy during a trial and, as such, should be delivered in a calm, logical manner that brings the Magistrate to your side. | ||
conclusion, a defense verdict. The argument on the charges may be the | |||
most effective piece of advocacy during a trial and, as such, should be | ===Basics=== | ||
delivered in a calm, logical manner that brings the Magistrate to your | |||
side. | This may be the Magistrate's first contact with the legal aid lawyer. Given the fact that first impressions are hard to change, counsel should be very conscious of dress, grooming and body language. The lawyer must attempt to come across as honest, sincere, considerate and credible. | ||
Basics | |||
This may be the Magistrate's first contact with the legal aid lawyer. Given | ===CLOSING ARGUMENT=== | ||
the fact that first impressions are hard to change, counsel should be very | |||
conscious of dress, grooming and body language. The lawyer must attempt | '''Sample Themes:''' | ||
to come across as honest, sincere, considerate and credible. | |||
CLOSING ARGUMENT | One important theme in any closing argument is the prosecution's heavy burden of proof. Some ways of emphasizing that burden are as follows: | ||
Sample Themes: | * The test is not which side you believe - The prosecution may suggest to you that the test in this case is simply which side you believe. They invariably do this - and it is wrong. That's not the test. The test is this: "Do you have a reasonable doubt whether the accused is guilty of the crime alleged?" Is there at least one reasonable doubt that (name the accused) might be wrongly accused? | ||
One important theme in any closing argument is the prosecution's heavy | * Reasonable doubt as an abiding conviction of the truth of the allegation - I suggest to you that reasonable doubt about a person's guilt is when, after considering and comparing and weighing all the evidence, you are not left with an abiding conviction of the truth of the charge that has been leveled at the accused. | ||
burden of proof. Some ways of emphasizing that burden are as follows: | * Reasonable doubt as meaning at least "firmly convinced" of guilt - | ||
to you that the test in this case is simply which side you believe. | |||
They invariably do this - and it is wrong. That's not the test. The test | |||
is this: "Do you have a reasonable doubt whether the accused is guilty | |||
of the crime alleged?" Is there at least one reasonable doubt that (name | |||
the accused) might be wrongly accused? | |||
allegation - I suggest to you that reasonable doubt about a person's | |||
guilt is when, after considering and comparing and weighing all the | |||
evidence, you are not left with an abiding conviction of the truth of | |||
the charge that has been leveled at the accused. | |||
Revision as of 14:48, 10 June 2010
Argument on the charges
Background
The argument on the charges is an opportunity for the defense to marshal the significant facts in a logical fashion that makes sense and leads to one conclusion, a defense verdict. The argument on the charges may be the most effective piece of advocacy during a trial and, as such, should be delivered in a calm, logical manner that brings the Magistrate to your side.
Basics
This may be the Magistrate's first contact with the legal aid lawyer. Given the fact that first impressions are hard to change, counsel should be very conscious of dress, grooming and body language. The lawyer must attempt to come across as honest, sincere, considerate and credible.
CLOSING ARGUMENT
Sample Themes:
One important theme in any closing argument is the prosecution's heavy burden of proof. Some ways of emphasizing that burden are as follows:
- The test is not which side you believe - The prosecution may suggest to you that the test in this case is simply which side you believe. They invariably do this - and it is wrong. That's not the test. The test is this: "Do you have a reasonable doubt whether the accused is guilty of the crime alleged?" Is there at least one reasonable doubt that (name the accused) might be wrongly accused?
- Reasonable doubt as an abiding conviction of the truth of the allegation - I suggest to you that reasonable doubt about a person's guilt is when, after considering and comparing and weighing all the evidence, you are not left with an abiding conviction of the truth of the charge that has been leveled at the accused.
- Reasonable doubt as meaning at least "firmly convinced" of guilt -
