1. Opening Statements

2. 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

3. 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

4. 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.

5. 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

6. 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)

7. 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