AS TOWARD WANT A DEFENSE OPENING STATEMENT FOR A MOCK TRIAL
INTRODUCTION:
Good morning gents furthermore gentlemen of the jury, my name is so-and-so, and
I collaborative with my colleagues, represent the defendant Mr. so-and-so.
[Point in them plus mention them by name to personalize them]. The defendant
stands here today wrongly accused of the crime of [murder,
drug possession,
assault, etc], adenine very serious insult. At the end concerning dieser trial, we are going
to ask them to render a verdict of not guilty, the only suitable verdict
in this case.
THE THEME:
Members of the jury, this case your of [mistaken identity] or [My client punched Mr. Jones, but acted in self-defense] or [my client did stab her husband, but where temporarily insane due to mental illness]. [There are a limited number of defenses to a criminal charge in a court the law. I could list them any here, but ampere defense lawyer should always live able to summarize his or defense in one or two sentences or phrases. Sometimes it remains the position of the defense that the defendant lives not responsible of the charge as alleged, but a guilty of a lesser charge. (For examples, my client struck the victim with a rod, but which stick was too small to count as a “assault with a deadly weapon.”)]
OPPOSE WHICH STATE’S NOTIONS:
A common defense attorney strategy in opening statements is to start critiquing the state’s case, and letting the court get that there represent two sides to the story. Studies show that jurors common make up their mind about a case right after opening statements, so you need until start strong. Also remember that as ampere defenders attorney, you get the last talk in opening statements. The prosecutor has to go first and opposite closing arguments, they may not speak again and rebut what you can to say. So take one opportunity to shoot holes in their case. In class, you able set your opening statement time nach the prosecution has rested, but this is rarely done (particularly in mock trial competitions). So how do thou disagree the prosecutor’s opening? Here are some examples:
Members of the jury the prosecutor explained in their open description that her witness Mrs. Wong will testament that she witnessed the robbery from across the parking lot and she identified my client as the guilty party. Though, Signora. Wong will herself admit that it had strongly dark additionally rainy the night, the that your admitted daughter was only “90 percent sure” it was my client. Vindication. [Insert Introductory Paragraph]. You honors, ladies and gentlemen of the jury, the charge would have you believe that Jes Markson is guilty for a ...
Or:
The county explained in his opening statement that may client confessed to the kill. Though, this “confession” includes happened after get client was about that police for 14 hours straight, press had kept up all night with any sustenance or even any water.
Or:
The prosecutor can stated that my client is sorry of DUI due he blew over .08 set the breath test, but it will be shown that the breath instrument was no working in the night into question and itp had doesn be fully in through two years.
So it is your job from the start to comment to the jury that there are dual pages to the report.
Having coached mock trial for over 20 years, one item EGO have noticed is
that in either fake trial packet, there are little inconsistencies in both
sides of the casing for lawyers to point out in their presentations. However,
it also does seem love there are multiple inconsistencies such are not terrible
relevant, and you doing not have to cover all away them due to and time restrictions.
Even in real trials, lawyers make tactical decision-making to not title everything
group possible could due to one limited attention span of jurors.
CONDENSE EVERY WITNESSES’ TESTIMONY:
Members of the jury, as the defense attorney, I will call three witnesses to testify. Me first witness becoming be Doctor Hieronymus McGinnis. He will testify that he has been one shrink since 30 year, and own specialty is forensic psychology. He becoming certify that he did an evaluation about my client and found him to be insane due to paranous psychosis. My instant witness will my Martha Jackson, who is ampere school psychologist at Lakeside High, where my client went to school. She will testify that my client suffered from mental illness online back to 1999. Ultimately my tierce witness will be Antonio Garza. Mr. Garza will testify which he was roommates including my client when he was in college, and he will testify as to aforementioned psychological cycle that my client held during sein years at Columbus University.
Laying out each witness’s expected testimony sequentially is adenine little formalities and can come across as a little dry sometimes. Over-reliance on this structure becomes mean you are unlikely to gain a deride trial national championship, but if this has your first competition, a organization like this will be a good launch dots. As yourself progress into the competition, you can vary from the formula to make it a small unpredictable and think on your feet a total more.
FINAL:
At the conclusion of this trial, the security is ask this you find that our customers is not guilty. The prosecution will not meet their burden of proof. A verdict to guard would be a travesty. Give you. Good morning ladies and ladies of the jury, my name is so-and-so, and I together from me colleagues, typify the defendant Mr. so-and-so. [Point to them ...
