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Документ Microsoft Office Word
Документ Microsoft Office Word
take this opportunity to put an entire story in a compact package so that the jury will
be able to get a bird's-eye view and better comprehend and appreciate the issues and
the evidence.
- a case theme allows jurors to later integrate the evidence into the theme--to make the
disjointed evidence make sense
Structure
- introduction
- communicate your case theme, your summary of the facts entitling your side to a
favorable verdict, and your enthusiam about trying the case
- key persons are introduced--personalize your client (if the prosecution, personalize
the people of the state and the need for societal safety)
- body
- the defense attorney speaks second, therefore, it is beneficial for the defense attorney
to tell the jury at the outset that there are at least two sides to every story, and they
should not reach a decision in the case until they hear from the defense's side.
- question whether you want to bring up your case weaknesses--it might be good to
take the sting out of the weakness right away if the weakness is to become an issue--
but diminish the importance of the weekness (but never make it appear to be apology
or show it as a debilitating aspect of the case).
- do not argue or state personal opinions (save arguments for closing arguments)--this
is an "opening statement" not "opening argument"
- as for damages in a civil case, the plaintiff
should describe the extensive injuries in
detail--use vivid language to have the jury feel
your client's pain and suffering--the defendant
should express regret that the plaintiff was
injured, but indicate that the injury was not his
client's fault.
- don't just say your client was driving carefully, but also state the facts supporting
such a claim (have support for contentions)
- but don't go overboard with detail==every single detail is poor strategy--look for the
pertinent details (the best ones for your case and worst for the other side's case)
- conclude the opening statement by hitting the highlights of your case (let them know
what to look for)
- don't give promises that the proof will not show (hurts your credibility and your
case)
- if you promise more than you later give, the other side can note those unfulfilled
promises to the jury in closing argument and prove weaknesses in your case
-conclusion
- simply and directly reiterate your top facts and state that the truth will show a verdict
for your client.
PRESENTING AND WRITING THE OPENING STATEMENT
- have a narrative style, get the attention of the jury, and have subtle persuasion
- "the injured plaintiff is crushed and impaled in the collision. His arm is torn off, his
face is shredded, and his leg is made to look like a broomstick."
an underage driver."
Terms:
Opening statement:
The opening statement is the time during which the attorney may speak to the jury and describe the case. The
opening statement is not an argument, however; in fact, legal arguments are prohibited during the opening
statement. It is during the opening statement that attorneys will tell the story of the case and what they hope to prove
using the evidence that will be presented.
Closing statement:
The closing statement is the time when the attorneys may forcefully argue their sides of the case to the jury. The
closing statement occurs after the close of evidence.
Cross examination:
The cross examination is the questioning of a witness for a particular party by an opposing party.
Direct examination:
The direct examination is the questioning of a witness for a particular party by that party.
Foreperson:
The foreperson is the member of the jury who is designated to lead and speak for the jury.
Juror:
A juror is an individual member of a jury.
Jury selection:
Jury selection is the process by which attorneys and the court choose which prospective jurors will constitute the
jury for a particular action.
Jury instructions:
Jury instructions are statements by the judge to the jury that instruct the jurors on the pertinent law in the jurisdiction
applicable to the action about which they will deliberate.
Verdict:
A verdict is a jurys decision.