What is the impact of counsel not doing his job by presenting a closing argument for the defense?

California, United States of America


The following excerpt is from People v. Wade, 244 Cal.Rptr. 905, 44 Cal.3d 975, 750 P.2d 794 (Cal. 1988):

Closing argument for the defense is a "basic element of the adversary factfinding process in a criminal trial." (Herring v. New York (1975) 422U.S. 853, 858, 95 S.Ct. 2550, 2553, 45 L.Ed.2d 593.) At this critical phase of defendant's trial, counsel not only failed to act as a "true advocate" for his client; he told the jury his client was revolting and his only defense was pitiful. Counsel made it perfectly clear he was only doing his job by presenting an insanity defense. In short, in order to maintain his own sense of personal integrity, counsel distanced himself from (and sacrificed) his client.

Other Questions


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)
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 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)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
In what circumstances will the trial court bar defense counsel from making references to well-known murderers in closing arguments? (California, United States of America)
In what circumstances will a trial court limit defense counsel's closing argument for abuse of power? (California, United States of America)
In what circumstances will the trial court bar defense counsel from making references to well-known murderers in closing arguments? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
In what circumstances will a trial court limit defense counsel's closing argument for abuse of power? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.