in a criminal prosecution when must the defense attorney make an opening statement

Elements of a strong defense opening statement in a criminal trial Once the jury has been selected, a criminal trial begins with the prosecution’s opening statement. After the prosecution opens, the defense has an opportunity to make an opening statement.

Full Answer

Who gives the first opening statement in a criminal case?

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 .) The opening statement allows both sides to give the judge and jury an overview of the case, …

When does the defense give its opening statement in a trial?

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 defense does not apply because the defendant provoked the fight, or the defendant is much larger than the victim. For example an example of an attempt to anticipate defenses is below.] …

What is a prosecutor allowed to say in an opening statement?

Defenders have three advantages at opening, i.e., (1) hearing the prosecutor describe the prosecution's evidence before having to indicate what the defense evidence will be, (2) being able to refer to what the prosecutor has said in opening in explaining the defense evidence, and (3) being in a position where the prosecutor has no opportunity to make a rebuttal opening …

What is a good opening statement for a defense attorney?

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 get the last word in opening statements. The prosecutor has to go first and unlike closing arguments, they may not speak again and rebut what you have to say.

Who gives the first opening statement when a trial begins?

Overview. The opening statement is the lawyer's first opportunity to address the jury in a trial. Generally, the party who bears the burden of proof (plaintiff in a civil case or prosecution in a criminal case) begins the opening statements, followed immediately after by the adverse party (defendant).

Who says the prosecution may make its opening statement?

defense lawyerThis is the party that brought the case to court--the government in a criminal prosecution or the plaintiff in a civil case--and has to prove its case in order to prevail. The defense lawyer follows with his or her opening statement.Nov 28, 2021

Does the prosecution or defense open first?

The prosecution has an advantage in closing arguments because it gets two turns. As in opening statements, the prosecuting attorney gets to go first, followed by the defense attorney. The prosecutor then gets a final opportunity to rebut what the defense attorney has just argued.Dec 9, 2021

What is the purpose of the opening statement?

The opening statement at the beginning of the trial is limited to outlining facts. This is each party's opportunity to set the basic scene for the jurors, introduce them to the core dispute(s) in the case, and provide a general road map of how the trial is expected to unfold.

What is prosecution opening?

Opening Speech by the Prosecution The opening speech is not evidence in the trial, but rather an outline of what evidence the prosecution intends to call to prove its case. The prosecutor will steer clear of going into a detailed explanation of the law unless necessary to to open the case clearly.

What is a defense statement?

Definition of statement of defense : a defendant's first pleading on an issue of fact in the English High Court of Justice corresponding to the plea in common law and to the answer in equity or under the codes of civil procedure.

How do you write a prosecution opening statement?

Opening Statement ChecklistState 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. ... Bring an outline, if necessary.More items...•Oct 30, 2015

How do you write a defense opening statement?

A strong defense opening statement will do the following:Tell a story. ... Plant the defense themes. ... Make concessions only with great caution. ... Make the defense case concisely. ... Humanize the defendant. ... Make no promises about the defendant testifying. ... Argue the defendant's case. ... End on a high note.

What is not allowed in an opening statement?

Opening statement is an opportunity to establish the themes of your case, and to present a persuasive and compelling story introducing your witnesses and evidence. ... The two major areas that are off-limits in opening statement are overt argument (Love v. Wolfe (1964) 226 Cal. App.

What needs to be in an opening statement?

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. ... A memorable theme will persuade the jury and help it understand and organize the evidence.Apr 20, 2020

What does an opening statement and attorneys explain in an opening statement?

Opening statement: The opening statement is the time during which the attorney may speak to the jury and describe the case. ... 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.

What are examples of opening statements?

Some examples:“This is a case about taking chances.”“Mary Jones had a dream and a plan.”“Revenge. That's what this case is all about.”“This is also a case about pain. Mr. Johnson's only companion today is constant pain.”“This is a case about police brutality”

Opening statements are supposed to serve as roadmaps, but they often go astray

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Opening Statement Examples

The following are examples of opening-statement comments that courts have found improper:

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. The judge will probably let the lawyer resume the opening statement, but intervene if it gets off track again.

What is the purpose of an opening statement?

The primary purpose of an opening statement is for counsel, at the beginning of the case, to share with the jury the issues and a storybook summary of what counsel believes s/he can support with competent testimony and admissible evidence. We all enjoy hearing a well told story.

What are nonverbal cues?

Nonverbal cues such as personal grooming, dress, jewelry; facial expression, gestures, and mannerisms play a part in establishing your ethos (integrity and credibility). The quality of your voice, your posture, your hands, and your willingness to make eye contact all work to your persuasive advantage or disadvantage.

Background

The purpose of the opening statement is to introduce the parties and counsel to the jury and to provide a roadmap of what the evidence will show and what the jury will be asked to decide. The opening statement should not be argumentative.

Basics

After voir dire, this is the jury's first contact with the defense lawyer. Given the fact that first impressions are hard to change, counsel should be very conscious of dress, grooming and body language. The lawyer must attempt to come across as honest, sincere, considerate and credible. Avoid using complicated legal terms.

Common Pitfalls of Opening Statements

The most common pitfall to avoid in opening statements is making promises that cannot be kept. Defense counsel must ensure that the facts are set forth accurately and that the defense can support the facts as stated.

What is the job of a defense lawyer?

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.

What is the difference between opening and closing?

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.