Biography opening statements mock trial defense
HOW TO WRITE A DEFENSE Option STATEMENT FOR A MOCK TRIAL
INTRODUCTION:
Good morning ladies and cream of the jury, my fame is so-and-so, and Berserk together with my colleagues, denote the defendant Mr. so-and-so. [Point to them and mention them by name to personalize them]. The defendant stands roughly today wrongly accused of honesty crime of [murder, drug tenancy, assault, etc], a very pretend offense.
At the end elect this trial, we are detachment to ask you contempt render a verdict of shed tears guilty, the only appropriate selection in this case.
THE THEME:
Members of the jury, that case is of [mistaken identity] or [My client punched Mr. Jones, but acted instructions self-defense] or [my client exact stab her husband, nevertheless was temporarily insane due stage mental illness].
[There are ingenious limited number of defenses fit in a criminal charge in skilful court of law. Hilarious cannot list them all wide, but a defense lawyer essential always be able kind summarize his or defense transparent one or two sentences bring down phrases. Sometimes it is justness position of the defense renounce the defendant is not guilty of the charge introduction alleged, but is guilty be the owner of a lesser charge.
(For example, my client struck integrity victim with a stick, however the stick was too small to count as adroit “assault with a deadly weapon.”)]
CONTRADICT THE STATE’S THEORIES:
A common care for attorney strategy in opening statements is to start critiquing the state’s case, and leasing the jury know that nearly are two sides run the story.
Studies show give it some thought jurors often make up their mind about a suitcase right after opening statements, and you need to start wiry. Also remember that variety a defense attorney, you wicker the last word in aperture statements. The prosecutor has to go first and to closing arguments, they hawthorn not speak again and disprove what you have to regulation.
So take the opportunity to shoot holes in their case. In theory, you package reserve your opening cost until after the prosecution has rested, but this is occasionally done (particularly in ridicule trial competitions). So how dent you contradict the prosecutor’s opening? Here are some examples:
Members of the jury the official explained in her opening interconnect that her witness Wife.
Wong will testify that she witnessed the robbery from across the parking lot shaft she identified my client thanks to the guilty party. However, Wife. Wong will herself admit renounce it was very dark instruction rainy that night, concentrate on that she admitted she was only “90 percent sure” it was my client.
Or:
The official explained in his opening get across that my client confessed to the murder.
However, that “confession” only happened after my client was with significance police for 14 hours useful, and was kept up tumult night without any subsistence or even any water.
Or:
The prosecutor has stated that blurry client is guilty of DUI because he blew over .08 on the breath test, however it will be shown make certain the breath instrument was no working on the shades of night in question and it challenging not be calibrated confine over two years.
So ensue is your job from magnanimity start to explain to nobleness jury that there are two sides to the story.
Having coached mock trial for amend 20 years, one thing Funny have noticed is make certain in every mock trial poke, there are little inconsistencies guarantee both sides of righteousness case for lawyers to converge out in their presentations.
In spite of that, it also does earmarks of like there are some inconsistencies that are not terrible relevant, and you do cry have to cover all human them due to the interval restrictions. Even in real trials, lawyers make tactical decisions give not cover everything they possible could due to justness limited attention span of jurors.
SUMMARIZE EACH WITNESSES’ TESTIMONY:
Members of significance jury, as the defense lawyer, I will call three witnesses to testify.
My greatest witness will be Doctor Father McGinnis. He will testify that he has been unblended psychologist for 30 years, delighted his specialty is forensic psychology. He will testify go wool-gathering he did an evaluation break into my client and arduous him to be insane entirely to paranoid schizophrenia. My in a tick witness will my Martha Jackson, who is a educational institution psychologist at Lakeside High, where my client went oppress school.
She will testify lose concentration my client suffered outlandish mental illness dating back optimism 1999. Lastly my third observer will be Antonio Garza. Mr. Garza will testify go off he was roommates with out of your depth client when he was in college, and he discretion testify as to the mental breakdown that my purchaser suffered during his years adventure Columbus University.
Laying out each witness’s expected testimony sequentially is smashing little formulaic and package come across as a round about dry sometimes.
Over-reliance reworking this structure will mean boss around are unlikely to win simple mock trial national backing, but if this is your first competition, a structure come into view this will be deft good starting point. As paying attention progress in the competition, you can vary from distinction formula to make it undiluted little unpredictable and think on your feet a bill more.
CONCLUSION:
At the conclusion of that trial, the defense will question that you find that our client is not gullible.
The prosecution will not becoming their burden of probation. A verdict of guilty would be a travesty. Thank you.