Opening Statements

1. Opening Statements Crime and Justice Miss Getsch

2. DON’T WRITE THIS!! • When does the opening statement occur in the trial? • Who delivers it? • Who is the attorney addressing? • Which side goes first? • What does the opening statement do? • What is included in an opening statement? • Evidence • Character descriptions of people involved • Important facts • Important legal elements (level of proof)

3. Discuss the following in your group: • What is the goal for your side? • The prosecution/plaintiff will have different goals from the defense. • Does your side seek a guilty verdict? Damages? Innocent verdict? An apology? • What facts are most helpful to that goal? • What facts are most harmful to that goal? • What are the three most important facts to mention in an opening statement for your side? • Motive? Forensic evidence? Witnesses? • What legal information is important to mention in an opening statement? • The law? The elements of the crime? The burden of proof required (beyond a reasonable doubt or preponderance of the evidence)?

4. Group Discussion • Top Facts Beneficial to the Prosecution/Plaintiff • Top Facts Beneficial to the Defense • Top Facts Harmful to the Prosecution • Top Facts Harmful to the Defense

5. Tips for Writing Opening Statements • KISS - Keep it simple (this is not the time to share everything). • Talk about the case in broad terms, with a theme (guilt or innocence, passion or crime). • Remember the jury is the audience (not the judge, the defendant, or the victim). • Tell a story that paints a picture of your side of the case. • Share only the most helpful facts to your side that the jury will learn about during the trial—or the most harmful to the other side.

6. Sample First Lines for anOpening Statement • This is a very simple case. • This is a case about [blank] [i.e. desperation? love?]. • Ladies and gentlemen of the jury, during this case you will hear about [blank]. • If you remember only one thing from this trial, remember that [blank] [i.e. my client is innocent].

7. Things to include in your opening statement: • Theme/theory • “This is a case about desperation.” • “This is a case about love.”

8. Things to include in your opening statement: • Character sketch of the major people in the case • “Chuck has a broken heart.” • “Chris is a very angry and grief stricken child.” • “Chuck has a violent history.”

9. Things to include in your opening statement: • Identity of major witnesses • “Sean, Chuck’s best friend….” • “Chris, Cindy’s son/daughter….”

10. Things to include in your opening statement: • Description of what the witnesses will testify • “Sean will share that Chuck was on his way to visit him in Yakima the night of the crime.” • “Chris saw Chuck hit his mother and was hit him/herself.”

11. Things to include in your opening statement: • Important legal elements • “The law requires the prosecution to prove murder beyond a reasonable doubt.” • “Murder in the first degree requires the prosecution to prove _______.”

12. Things to include in your opening statement: • Conclusion requesting a certain verdict • “Therefore, we request a not guilty verdict.” • “Therefore, we request a guilty verdict.”

13. Instructions for Activity • What you need: • Handout for writing opening statements • Pen or pencil • Paper • The Criminal Case handout • Write all attorney’s names and class numbers in the top right corner of the statement

14. Instructions for Activity • In your side (prosecution or defense), divide up into 4 subteams of equal number (2 teams at each cluster) • Assign one person as the recorder for the subteam • Each team has 15 minutes to write an opening statement • Within your cluster, have two people deliver the opening statements and then vote(choose) one. • Reconvene as a whole team and have two people deliver the two chosen and pick one for your team.