ENGLISH 9H MS. BUGASCH OCTOBER 28, 2013 GOALS 1. LEARN HOW TO WRITE AN OPENING STATEMENTS

FFW Get into teams. Discuss the following in your group: 1. What is the goal for your side? a) The prosecution/plaintiff will have different goals from the defense. b) Does your side seek a guilty verdict? Damages? Innocent verdict? An apology? 2. What facts are most helpful to that goal? 3. What facts are most harmful to that goal? 4. What are the three most important facts to mention in an opening statement for your side? Motive, evidence, witness 5. What legal information is important to mention in an opening statement? a)The law? The elements of the crime? The burden of proof required (beyond a reasonable doubt)?

-Take out trial packets and worksheets -Hand out trial packets and worksheets -Finish discussing and going over all packets

OPENING STATEMENTS Most important!!! Why? Need to have a theory and a theme… It is essentially the thesis. All characters, their questions, the experts and their testimony, all bear on the opening statement.

PROSECUTION OPENING Ladies and gentlemen of the jury, your honor, and the entire court, this is a simple case. The prosecution will prevail if you find the defendant, third little pig, guilty of first-degree, pre- mediated murder. B.B. Wolf was a husband, a father, and an admirer of amateur architecture. He is now no longer alive because, as we will prove, the defendant planned and executed his death. The third little pig, himself, will testify today that he did see the wolf climbing up his chimney and in preparation, he did light a fire, to which the wolf entered his home via his chimney, went into the cauldron and subsequently died. The defense will claim that this was in self-defense, but prior to the wolf entering the home, the pig set a death trap. As an admirer of amateur architecture, one can argue that the wolf was simply admiring the brick-work of the third little pig and fell in, accidentally. Now, a family is without a husband, father, or provider. We, therefore, as for you to return a verdict of “guilty” for the third little pig.

DEFENSE Your honor, Mr. Wolf's charge is ridiculous. We will show that the cauldron was inside Mr. Pig's home--a home Mr. Wolf was trying to forcibly enter. We will also show that Mr. Wolf's actions were just the latest in a long series of harassment of the Pig family -- harassment that include the eating of Mr. Pig's two brothers, Larry and Hoe. We will show that Curly Pig was merely protecting his home and life.

FIVE TIPS FOR WRITING AN OPENING STATEMENT 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.

1. CREATE A THEME.  Good opening statements are structured around a theme, like a story with a moral, or a group of connected words.  This theme should be repeated throughout the opening statement.  Some such themes are: “rage, revenge, and retribution” or “fairness, equity, and justice,” or “family, fame, and fortune.” The stuff values are made of.

2. START STRONG BY TELLING YOUR STORY.  A good opening starts with either a story, or an appeal to the jury’s emotions. They need to remember that this case is about real people.  This is also the first time you will talk to the jury, so remember the jury knows nothing, no fact or event.  Nothing should be assumed to be understood by the jury.  You are obligated to tell them everything you need them to know.

3. EXPLAIN WHAT YOU ARE GOING TO PROVE.  The jury needs to know what to look for during the trial.  Therefore, you should explain your burden of proof in the opening statement and talk about what you are going to prove.  Offer a theory to what happened.

4. INTRODUCE YOUR EVIDENCE AND WITNESSES.  Talk about your three witnesses and what you know they will say.  Talk about the evidence you will bring forth.  Do not try to anticipate what the other side’s witnesses will tell you, or what evidence they might bring out, because they might not do what you expect.  (Stay with your case, you will get the chance to rebuttal opposing wittiness and evidence in your closing argument.)

5. ORGANIZATION IS CRUCIAL.  Make it easy for the jury to follow you.  Your opening can be organized chronologically, by evidence, or by witnesses. (First, this witness will tell you… Then, this witness will tell you….).

6. DO NOT ARGUE  You are not allowed to argue during an opening statement. To avoid this infraction introduce your evidence with phrases like “The evidence will show,” “This witness will tell you,” “You will hear,” “The facts will show.”  (Do not draw conclusions about the evidence; conclusions will be the meat of your closing argument.)  Remember: To offer a theory of what happened is a statement, to claim something happened is an argument.

7. END BIG.  This is the last thing they will remember.  Speak of how confident you are about the case; assure them you will make it easy for them to find in your favor.  Tell the jury what you expect from them. “I need you to bring back a guilty verdict to the charge of...” Punch home your theme one last time.  Never be afraid of being repetitive, especially if your refrain is biting.

FINALLY Say it like you believe it. Say it like it’s the most important thing in your world.

MY STANDARD OUTLINE 1.Grabber beginning – quick summary of theme/theory that draws jurors in 2.Introduction – who are you and who do you represent? (or do this first) 3.Facts/Witnesses – Tell the story 1.Paint the scenes and introduce the players as they come up 4.Short close – return to/restate your theme 5.Charge the jury – tell them what you’re going to ask them to find

SEVEN IMPORTANT TIPS: 1.Recognize its importance 2.Argue without being argumentative 3.Tell your story 4.Account for bad facts 5.Focus on your key facts 6.Communicate with conviction 7.Use demonstratives and visual aids

OPENING STATEMENTS EXAMPLES -Watch A Few Good Men -Watch Casey Anthony Trial -Watch A Bee Movie

CLOSURE: SAMPLE FIRST LINES FOR AN OPENING 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].

HOMEWORK 1.Work on trial 2.IRA due 11/6