A strong defense opening statement will do the following:
Full Answer
A common defense attorney strategy in opening statements is to start critiquing the state’s case, and letting the jury know that there are two sides to the story. Studies show that jurors often make up their mind about a case right after opening statements, so you need to start strong.
The opening statement is not an argument, however; in fact, legal arguments are prohibited during the opening statement. It is during the opening statement that attorneys will tell the story of the case and what they hope to prove using the evidence that will be presented.
State your theme immediately in one sentence. Tell the story of the case without argument. Persuasively order your facts in a sequence that supports your theme. Decide whether to address the bad facts in the opening or not. Do not read your opening statement. Practice, practice, practice.
In a typical criminal trial, after they have selected the jury, the prosecution and defense have the opportunity to give an opening statement. (For information on jury selection, see Jury Selection in Criminal Cases.
A common defense attorney strategy in opening statements is to start critiquing the state’s case, and letting the jury know that there are two sides to the story. Studies show that jurors often make up their mind about a case right after opening statements, so you need to start strong. Also remember that as a defense attorney, you ...
So take the opportunity to shoot holes in their case. In theory, you can reserve your opening statement until after the prosecution has rested, but this is rarely done (particularly in mock trial competitions).
However, it also does seem like there are some inconsistencies that are not terrible relevant, and you do not have to cover all of them due to the time restrictions. Even in real trials, lawyers make tactical decisions to not cover everything they possible could due to the limited attention span of jurors.
Themes and storytelling are what make opening statements engaging and effective. The story of the case tells the jury what happened chronologically either from the viewpoint of the plaintiff or defendant. When giving an opening statement, the lawyer should place her side in the best possible light and tell a story that will make ...
The opening statement provides the first impression of the case and shapes the impressions of the jury. The opening statement provides the first impression of the case and shapes the impressions of the jury. An opening statement forecasts to the jury the evidence they will see and hear during the trial—it allows the jury to know what to expect ...
Lawyers should engage their audience during trial, and effective themes combined with engaging stories can fight juror boredom . Lawyers have a better chance later of persuading the jury if the jury likes their opening statements.
Conclude your opening by telling the jury what you would like them to do at the end of the case: “ I just ask that you please keep an open mind about this case until you hear all of the evidence. I also ask that you return a verdict of not guilty for the defendant, Officer Dally. Thank you for your attention.”
Lawyers can connect with the jury by telling an enjoyable story. These stories are persuasive and become embedded in a juror’s mind when they make sense, are stated in plain language, and have a beginning, middle, and an end. For example, tell the jury how they will learn about the plaintiff’s lack of knowledge. Tell them about how the plaintiff was not at the restaurant when the incident occurred. Explain that the evidence will support the employee’s testimony and the jury will see that the employee was acting professionally as stated in the employment contract. Tell them they will hear from the other employees who were at the restaurant on the night in question and they will put the actions in context. Present the people and the evidence in story form and the jury will be sitting on the edge of their seats in eager anticipation.
Emotionally based themes often serve as anchors, creating impressions for the jury that linger until the time the verdict is decided. Themes keep the jury’s attention and help them organize information.
This is a case about a man who has been harassing, stalking, and threatening my client, Kelly Sanders, after she ended a romantic relationship with him. Ms. Sanders lived with the Respondent for about three years, and they share a 2-year-old child together. Ms. Sanders came into the relationship with another child who is now 6 years old. They separated a few weeks ago because the Respondent began drinking much more than usual, threatening her life, insulting her, and encouraging the kids to join him. That is why we are here today, ladies and gentlemen of the jury. My name is Jack Jill, and I represent Ms. Sanders. In this trial, we ask you to grant her request for a Civil Protection Order.
The opening statement allows both sides to give the judge and jury an overview of the case, including what they plan to prove and how they plan to prove it (what evidence they will offer in support of their claims). Prosecutors and defense attorneys generally have considerable latitude in what they're allowed to say in opening statement.
Intervention. If a lawyer goes too far astray in an opening statement, opposing counsel can object—if the objection is proper, the judge will cut off the lawyer and potentially admonish the jury not to consider what he or she just said.
A prosecutor said, "You will learn that defendant is a drug dealer." The appellate court said this merely amounted to saying the defendant committed the crime in question. ( State v. Smallwood, 230 S.W.3d 662 (Mo. Ct. App. 2007).)
The prosecutor knew the informant would not be testifying. ( State v. Bernier , 486 A.2d 147 (Me. 1985).)
In a typical criminal trial, after they have selected the jury, the prosecution and defense have the opportunity to give an opening statement. (For information on jury selection, see Jury Selection in Criminal Cases. To read about closing argument, see Closing Argument in Criminal Trials .)
On the other hand, courts frequently allow lawyers to push the boundaries of acceptable opening-statement remarks. Consider the following comments, which appellate courts validated:
Prosecutors and defense attorneys generally have considerable latitude in what they're allowed to say in opening statement. That said, they're not allowed to "argue" (argument is saved for closing), nor are they allow to refer to inadmissible evidence or facts they don't intend to or can't prove.
The defense lawyer’s job is to make sure that his or her client gets a fair trial, and that means that the defense lawyer must advocate for the client’s point of view. An mock trial opening statement is scored both on the content and also on delivery.
Usually for a bench trial, the opening statement is less than one half in length , and less time is put into the planning because judge’s don’t value the opening as much. But I do think you want to let the judges know what your strong points are ahead of time, much like a jury trial.
The main difference is that an opening is an opening statement, but a closing is a closing argument. So the opening is not the opportunity for you to argue your case. Rather it is the time to tell the jury what evidence you believe will be presented so they know what to look for later on throughout the trial.
Yes, it is an important distinction to make. Opening statements are for outlining your case or “telling a story”, and closing arguments is for summing up your case and arguing. However, sometimes I will sometimes sneak a little arguing into my opening.
Most of the time a defense lawyer does not succeed in convincing a jury of a the defendant’s actual innocence. Usually when a defendant is acquitted (found “not guilty”), the jurors make that decision based on the fact that there was some small measure of doubt in their minds as to the defendant’s guilt. These doubts is what the defense lawyer raises, and there is no better place to begin then in the defense opening statement.
Sometimes defense lawyers will concede a lesser charge in order to maintain credibility on the greater charge. But if you want to fight the DUI, you can challenge the accuracy of the alcohol test. For example, did the prosecution actually produce an expert to testify that the testing instrument was accurate? Did the prosecutor prove that the driver didn’t have any alcohol after the accident? Is it possible that he seemed drunk simply because he had a concussion? Was the odor of alcohol due to alcohol being spilled on the defendant?
An opening statement is a factual narrative that should last no longer than is needed to keep the jury’s attention. An opening statement is a factual narrative that should last no longer than is needed to keep the jury’s attention. It should preview, in an understandable way, the anticipated testimony and evidence.
An opening statement, therefore, needs to be carefully planned. It should offer an understanding of the dispute and the parties involved in it. It should give an overview so the jury can better understand the evidence that will later be presented. An opening should establish the credibility of the attorney giving it so the jury is persuaded to trust the testimony, documents, and other evidence eventually offered for its consideration.
After introducing the theme, trial counsel should present the client’s case in the best and most accurate light possible, telling the story in a way that will make the jury want to decide in the client’s favor. Jurors often base their decisions about disputes on the impression received during an opening statement. The best openings offer a clear and persuasive story, using vivid images and metaphors. They introduce people and documents as they fit logically into the story and assemble the facts in a way that leads to only one compelling conclusion—the one the attorney is advancing at trial.
An opening should establish the credibility of the attorney giving it so the jury is persuaded to trust the testimony, documents, and other evidence eventually offered for its consideration.
An opening should order important facts to support the dispute’s theme. A successful opening also will tell an engaging story from a client’s perspective, describing logically what happened. Chronological organization is often employed because jurors may have an easier time following a linear story.
Failure to deliver on proofs promised in an opening statement can lead to counsel’s loss of credibility. It can give the adversary, at closing, an opportunity to argue that the party’s case was not made. An effective opening statement is built around a theme that can be summed up in a simple word or phrase or in a single sentence.
Often demonstratives need be shared with the court and opposing counsel before openings or pre-marked as exhibits (or both). Whether or not this is required, it is best to attend to objections before trial (for example, at a pretrial conference). This will permit opposing counsel’s objections to be addressed before the jury sees the exhibit and will avoid opposing counsel’s objections from interrupting the opening statement. If demonstratives or exhibits are not permitted, consider bringing an ELMO or an easel on which to write down key points that the jury should focus on.
So a good opening statement anticipates the points that the defense attorney will make in their opening statement. For example, if the defense is claiming self-defense, point out that self defnse does not apply because the defendant provoked the fight, or the defendant is much larger than the victim.
Members of the jury, the defense may claim that the defendant acted in self-defense. However, the impartial witnesses who saw the incident all testified that it was the defendant who approached the victim and threatened him with a knife. or.
The opening statement is the opportunity for the attorney to tell the jury what the cause of action is about, what evidence the jury will hear, and the attorney’s client’s side of the story. In an ideal opening statement, the attorney will paint a picture of the case for the jury so that when the jury hears the evidence, ...
Thank you very much. Most opening statements take between 10 and 45 minutes, although, depending on the complexity of the case, some may take longer. Some jurisdictions have developed rules for how long opening statements, as well as closing statements, may be. Other jurisdictions leave such time limitations to the judge’s discretion.
In order for a party to carry its burden of proof and obtain a favorable judgment, the party must provide some evidence that establishes all elements of the cause of action. For example: Marla was suing Toby for breach of contract under the laws of the state of Texarkana.
During the deliberation, the judge or jury will consider the evidence presented by the plaintiff and by the defendant. It is also during this time that the judge or jury will determine whether the plaintiff (or defendant) has satisfied its burden of proof.
Opening statements are important because studies have shown that trials are sometimes won and lost just through the opening statement. Studies have revealed that often, jurors make up their minds based on the opening statements.
If Mark cannot prove that Carl was the aggressor and Carl cannot prove that he was not the aggressor, Carl would win the case because Mark will have failed to satisfy his burden of proof. See U.S. ex rel. Southern Ute Indian Tribe v. Hess, 348 F.3d 1237 (10th Cir. 2003).
A verdict is a jury’s decision.
Whether or not to defer the Opening Statement is a decision that is best left up to your defense counsel. If you feel you need to continually second-guess your attorney, then you need to get another attorney. I have practiced criminal defense law for over 25 years and I have done trials both ways for various reasons involving trial stategy.
The consensus among defense attorney is to never defer an opening statement because, as you correctly pointed out, juries form strong opinions early and the defense needs to give them it's strategy to keep in mind from the start of the trial.
I have attended the Michigan Criminal Defense Attorney (CDAM) trial college trial and advanced track and Death Penalty training at Gerry Spence's Trial Lawyer's College in Wyoming. NEVER has there been a suggestion to defer the opening.