7+ Closing Arguments: Who Goes First & Why?

closing arguments who goes first

7+ Closing Arguments: Who Goes First & Why?

In legal proceedings, the order of final addresses to the jury or judge is established by procedural rules. Typically, the party with the burden of proof presents their summation first, followed by the opposing party. For instance, in a criminal trial, the prosecution, bearing the burden to prove guilt beyond a reasonable doubt, generally delivers its closing argument before the defense. This structure allows the defense to directly address the prosecution’s points.

This established sequence is crucial for fairness and due process. It ensures both sides have an equal opportunity to persuade the fact-finder. The order provides the party carrying the burden a chance to lay out its case and the opposing party an opportunity to rebut. Historically, this practice developed alongside the adversarial legal system as a way to balance the persuasive power of each side’s arguments. A fair closing process is fundamental to maintaining the integrity of the justice system.

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