what do the prosecutor and defense attorney do in an opening statement?

What is the best strategy for a criminal defense opening statement?

However, given the vagaries of trial and the difficulty of predicting areas where the prosecution’s evidence might fail, a better strategy is to focus the opening statement on points the defense will contest and omit any mention of points the defense must concede, rather than make an explicit concession.

What is the opening statement of a criminal trial?

After the prosecution opens, the defense has an opportunity to make an opening statement. A strong defense opening statement will do the following: Tell a story. Often the story will be about the process that led to the prosecution and its unfairness.

How to conclude a defense opening statement?

A good way to conclude the defense opening statement is for counsel to tell the jury that the evidence will not prove the prosecution’s case and that the only fair verdict in this criminal trial will be “not guilty.”

Why do criminal defense attorneys speak to jurors?

Speaking to the jurors face-to-face, without notes or a podium, allows the criminal defense attorney to converse with jurors , rather than preach to them. It shows confidence and builds rapport. Humanize the defendant.

What is a good opening statement for a defense?

Plant the defense themes. A strong opening statement will use catch-phrases that will characterize the defense. For example, informants “sell their testimony”; the prosecutor “holds the jailhouse key”; the defendant was “in the wrong place at the wrong time”; the alleged victim “started the fight and the defendant ended it.”

What is the book rule in criminal defense?

The “textbook” rule is that an opening should not be an argument of the case, but a preview of the evidence. A smart criminal defense attorney will ignore this rule as much as possible. The opening statement should be an abbreviated version of the closing argument. End on a high note.

What is a brief opening statement?

A brief opening statement is usually a strong opening statement. Defense counsel should be able to deliver the opening without notes. This is the time to introduce themes and the theory of the defense, and to make an impression of confidence in the case.

What is a good opening statement?

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.

What does the defense claim in a self defense case?

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.

What is the opening statement in a trial?

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 ).

Why do defenses not make opening statements?

The defense may choose not to make an opening statement so that they do not lock themselves into one theory for acquittal, which affords them the flexibility to pursue an affirmative defense or rely on the inadequacy of the opposing party’s evidence to meet the burden of proof.

What is the purpose of opening statements?

Purpose. Opening statements are intended to give the jury a preview of the case. An opening statement describes the parties, outlines the nature of the issue in dispute, presents a concise overview of the facts and evidence so that the jury can better understand the overall case, frames the evidence in a way that is favorable to ...

What is the best defense strategy for opening statements?

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 ...

When can you reserve opening statement?

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).

Do lawyers have to cover all of the time restrictions?

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.

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.

How long is the opening statement in a bench trial?

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.

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.

Does a defense lawyer convince a jury?

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.

Is opening statement important?

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.

What is the opening statement?

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.

What is the importance of an opening statement?

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.

How to tell a story in a trial?

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.

Why should an opening be given to the jury?

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.

Why is an opening important?

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.

What happens if you fail to deliver on proofs promised in an opening statement?

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.

Do you have to share demonstratives with opposing counsel?

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.

What makes an opening statement effective?

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 ...

Why should lawyers engage their audience during trial?

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.

How to conclude a jury trial?

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.”

How to connect with a jury?

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.

Why do lawyers have one sentence themes?

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.

What is Kelly Sanders' case?

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.

How do metaphors help jurors?

In addition, metaphors and sensory language help engage jurors. Vivid words like rowdy or steamy and words that describe activity, such as dancing or singing, activate the senses and make the listeners feel as though they were actually participating in the experience. A jury will become more engaged if they are induced by language to become a participant in the story.

What is the opening statement?

So the opening statement is an opportunity to outline the facts as you anticipate they will be presented. The opening statement is not really an opportunity to argue your case, but it is an opportunity for you to begin to convince the jury about the strength of your case, or the strength of your defense. Here is an outline of a real traditional ...

How long does it take to open a mock trial?

In a mock trial, typically the prosecutor has 3 or 4 witnesses, and the time spent on an opening will be 5 minutes or less.

How many witnesses are there in a mock trial?

In a mock trial, typically the prosecutor has 3 or 4 witnesses, and the time spent on an opening will be 5 minutes or less. The above outline is a real basic opening statement. To some it is a little bland, or formulaic, but in my job as a criminal defense lawyer, I do often see prosecutors deliver such openings. It basically gets the job done.

Who calls witnesses in a rebuttal?

First the prosecutor gives an opening, then the defense, then the prosecutor calls her witnesses, the defense calls witnesses, the prosecutor does the closing argument, the defense closes, then the prosecutor gets to speak one more time in rebuttal.

Do you lose points if you read an opening?

However, you will lose points if you read an opening. You just never see lawyers (even inexperienced one) do that in court. Also, it seems like judges will score you on making good eye contact with the jurors, and delivering the opening with some level of feeling or emotion.