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The Opening Statement Making a First Impression. Purpose of an Opening Statement When does an opening statement occur? Who delivers it? Who is the attorney.

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Presentation on theme: "The Opening Statement Making a First Impression. Purpose of an Opening Statement When does an opening statement occur? Who delivers it? Who is the attorney."— Presentation transcript:

1 The Opening Statement Making a First Impression

2 Purpose of an Opening Statement When does an opening statement occur? Who delivers it? Who is the attorney addressing? Which side goes first? What does the opening statement do? What is included in the opening statement?

3 Things to Include 1. Theme / Theory and Tell the story “This case is about desperation.” “This is a case about love.” 2. 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.”

4 Continued 3. Identify the major witnesses “Sean, Chuck’s best friend…” “Chris, Cindy’s daughter…” 4. Description of what the witness will testify to “Sean will share that Chuck was on his way to visit him in Chicago the night of the crime.” “Chris saw Chuck hit his mother and was hit herself.”

5 Continued 5. Important legal elements (Jury instructions) “The law requires the prosecution to prove murder beyond a reasonable doubt.” “Murder in the first degree requires the prosecution to prove…” 6. Conclusion requesting a certain verdict “Therefore, at the conclusion of this trial we request a guilty verdict.”

6 How do I start? Sample first lines “This is a very simple case.” “This is a case about ___________.” “Ladies and gentlemen of the jury, during this case you will hear about _________.” “If you remember only one thing from this trial, remember that _______________.”

7 Five Tips for Writing an Open Keep it simple (don’t share everything) Talk about the case in broad terms, with a theme Remember the jury is the audience Tell a story that paints a picture of your side of the case Share only the most helpful facts to your side

8 Some Do’s and Don’ts Do speak loudly, clearly, and talk slowly Don’t use big words Do outline the facts that you will actually prove Don’t ignore weaknesses of your own case Do emphasize your theme Don’t display affectations Do be humble, honest, and straightforward Don’t ignore your client


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