Opening Statements

Theory Your side’s version of “what really happened” Logical Fit the legal requirements of claims or defenses Simple to understand Consistent with jurors’ common sense and perception of how “real life” works

Theme Memorable word or phrase that summarizes your theory Emotionally compelling Incorporate jurors’ sense of fairness and universal truths Simple Focus on people, not issues Should translate “legalese” into simple, compelling human propositions

Examples of themes Murder/Self-Defense Case: Prosecution Pat Hughes took the law into her own hands. Pat Hughes was caught red-handed. Pat Hughes acted with a complete disregard for law and order. Defense With her back up against the wall and her roommate threatening to kill her, Ms. Hughes had run out of options. Facing death, Ms. Hughes did what all living things are instinctively programmed to do… she defended herself.

What to do… Tell a STORY Focus on the people, not the problem Personalize your party Make the story VIVID Recreate the incident Make it emotional and dramatic Be LOGICAL and CONCISE Walk the jurors through the events in chronological order KEEP IT SIMPLE!!! Anticipate the other side’s weaknesses

What Not to do… Don’t overstate the evidence Don’t include your personal opinions Don’t argue (at least not in an obvious way)

The “by the book” outline Introduction Attention grabber Parties—introduce essential people Set scene—paint a picture for the jury Issue—what is the main legal issue being argued? What happened—get the jury to believe your story Basis of guilt/non-guilt–why your side should win Anticipate & refute opponent’s argument Conclusion—return to theme, ask for verdict