India Criminal Defense Manual - Arguments

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 -