Closing argument

During closing arguments, counsel may not (among other restrictions) vouch for the credibility of witnesses, indicate their personal opinions of the case, comment on the absence of evidence that they themselves have caused to be excluded, or attempt to exhort the jury to irrational, emotional behavior.

In some countries (e.g. France or Germany), in criminal cases, the defendant's counsel always makes their closing argument last, after the public prosecutor or any other party.

In a criminal law case, the prosecution will restate all the evidence which helps prove each element of the offence.

[5] One of the most important restrictions on prosecutors, however, is against shifting the burden of proof, or implying that the defense must put on evidence or somehow prove the innocence of the defendant.

In this case, the judge is merely articulating the law and questions of fact upon which the jury is asked to deliberate.

The frontispiece of the closing argument (plaidoyer) from 1 March 1790 in the Affaire de M. le Baron de Besenval, by Raymond Desèze , lawyer of Pierre Victor, Baron de Besenval de Brunstatt . The baron was charged with the crime of lèse-nation . It was one of the most sensational court cases in connection with the French Revolution . [ 1 ] [ 2 ] [ 3 ]