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Roger
Roger, Attorney
Category: Personal Injury Law
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in closing statements is it proper for the plaintiff or prosecutor

Resolved Question:

in closing statements is it proper for the plaintiff or prosecutor two go first and go another time after the defense goes leaving the defense with only one time to speak.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Roger replied 1 year ago.
Hi - thanks for looking me up.

Yes , that is the normal process. The prosecution gets to make the closing argument, then the defense goes, and the prosecutor gets to state his/her rebuttal.

That's the normal procedure.
Customer: replied 1 year ago.

that seems unfair is it a reason for that its like its giving them an edge

Expert:  Roger replied 1 year ago.
Yes, there is a reason. The prosecutor makes his argument, the defense rebuts the argument and then the prosecutor has a chance to rebut the defense.

However, the prosecutor cannot make new arguments the second time. So, it's not where the prosecutor can make new arguments and the defense can't rebut it.
Customer: replied 1 year ago.

so its on the defense to really get the point across because he has only one chance, another thing i experiance the judge side barring when the defendant ask how many people know about the 4th 5th amendment and said he cant ask those questions

Expert:  Roger replied 1 year ago.
That is right - the defendant only has one shot to speak.

As for asking direct questions to the jury, that can't be done. The court tells the jury the rules/law and the parties argue the facts -- that's the only communication the jury can have. Thus, a party can't ask the jury a question.
Customer: replied 1 year ago.

what about jury evaluation

Expert:  Roger replied 1 year ago.
Voir dire (jury selection) occurs before the trial, and only really deals with one's ability to be impartial - whether they know a party, a lawyer, know the facts of the case, don't believe in punishment through the judicial system, etc. The questions aren't about what the potential juror knows about the law - or a specific area of law.

In reference to an empaneled jury, once they are sworn in, the jury can't be asked questions.
Customer: replied 1 year ago.

how are they informed about the facts of the case can one party place the facts in a way that would be misleading who's duty is it to inform them of the facts

Expert:  Roger replied 1 year ago.
Both parties are charged with presenting their own versions of the facts. This is done through witnesses, documentation and other evidence. The jury must weigh the facts presented by both parties and decide which is true.

The closing argument is just the recap/summation of the facts presented. If a party mis-states a fact presented, then the other party has the right to object.

But, the jury learns the facts based on what they are told during the trial via the evidence/facts presented.
Roger, Attorney
Satisfied Customers: 27068
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Roger
Roger
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