An engaging and effective opening statement is critical. It is a trial attorney’s first opportunity to present his or her case to the jury from the client’s perspective and to shape the jury’s views of the dispute.
Philip Moore robbed his lawyer, Mack Johnson. But, ladies and gentlemen, he didn’t kill him. After Philip left, or maybe even before Philip entered that house, Mr. Johnson died in his sleep, of natural causes. The prosecution wants…
Chapter 4 OPENING STATEMENT § 4.01 INTRODUCTION After the jury has been selected, the parties give their opening statements. The opening statements introduce the jurors to the parties’ competing theories
The defense attorney must defend his/her client against criminal charges. The client is innocent until proven guilty.
A defense lawyer represents the client’s best interests at all stages of legal proceedings—from arraignment to sentencing—help ing the client avoid incriminating himself and making sure the client’s constitutional rights are not violated.
If a plea is offered before a trial, the defense attorney must decide if taking the plea is in the client’s best interest, taking into account not only the facts but also the jury’s likelihood to convict. In some cases, it may be in the client’s best interest to take a plea, which the defense lawyer must convince the client to do.
If the client is convicted, he and the defense attorney may decide to appeal.
A civil defense attorney represents a client who faces fines, while a criminal defense attorney represents a client who faces jail time.
During proceedings, the defense attorney must present any mitigating circumstances—like mental illness or temporary insanity— that would affect the verdict and sentencing.
Definition. A lawyer who represents The People or a person at the local, state, or federal level when they press charges against an individual or corporation. A lawyer who defends an individual or corporation against criminal charges.
The prosecutor knew the informant would not be testifying. ( State v. Bernier , 486 A.2d 147 (Me. 1985).)
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 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.
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 .)
Even though evidence of other crimes by a defendant aren't usually admissible, the prosecutor had a reasonable expectation that evidence of the escape would be admitted. (Ex parte Baldwin, 456 So. 2d 129 (Ala. 1984).)
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:
The prosecutor knew the informant would not be testifying. ( State v. Bernier , 486 A.2d 147 (Me. 1985).)
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 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.
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 .)
Even though evidence of other crimes by a defendant aren't usually admissible, the prosecutor had a reasonable expectation that evidence of the escape would be admitted. (Ex parte Baldwin, 456 So. 2d 129 (Ala. 1984).)
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: