What is the legal test for a closing argument in a criminal trial?

California, United States of America


The following excerpt is from People v. Carlson, A144048 (Cal. App. 2017):

"Closing argument in a criminal trial is nothing more than a request, albeit usually lengthy and presented in narrative form, to believe each party's interpretation, proved or logically inferred from the evidence, of the events that led to the trial." (People v. Huggins (2006) 38 Cal.4th 175, 207.) " ' " 'The argument may be vigorous as long as it

Page 22

amounts to fair comment on the evidence, which can include reasonable inferences, or deductions to be drawn therefrom. [Citations.] It is also clear that counsel during summation may state matters not in evidence, but which are common knowledge or are illustrations drawn from common experience, history or literature.' " ' " (People v. Hill, supra, 17 Cal.4th at p. 819.)

Other Questions


What is the legal test for making a closing argument in a criminal trial? (California, United States of America)
In a sexual assault case, in what circumstances would the jury have considered a defense counsel's closing argument that the prosecutor's rebuttal to the closing argument had the trial court sustained an objection? (California, United States of America)
Does a defense counsel who objected to the prosecutor's closing argument during closing argument at a civil trial have any right to an objection? (California, United States of America)
When two or more criminal charges are consolidated for trial against a single defendant, does Section 954 of the California Criminal Code require a separate trial? (California, United States of America)
What is the legal test for misconduct in the closing argument of a criminal case? (California, United States of America)
Is there a reasonable likelihood that a prosecutor's comment at the closing argument was directed solely at the persuasive force of defense counsel's closing argument? (California, United States of America)
Does a prosecutor's unobjected-to comment during closing argument during a criminal trial misstate the law or the facts? (California, United States of America)
What is the role of counsel in closing argument at a criminal trial? (California, United States of America)
What constitutes prosecutorial misconduct in closing arguments of a criminal trial? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.