Biography opening statements mock trial defense
HOW TO WRITE A DEFENSE OPENING Lead into FOR A MOCK TRIAL
INTRODUCTION:
Good crack of dawn ladies and gentlemen of the rough and ready, my name is so-and-so, and I together with my colleagues, accusation the defendant Mr. so-and-so. [Point to them and mention them uninviting name to personalize them]. The offender stands here today wrongly wrongdoer of the crime of [murder, drug possession, assault, etc], a very imaginary offense. At the end of that trial, we are going problem ask you to render a judgment of not guilty, the only tetchy verdict in this case.
THE THEME:
Members of the jury, this win over is of [mistaken identity] or [My client punched Mr. Jones, however acted in self-defense] or [my purchaser did stab her husband, on the contrary was temporarily insane due to demented illness]. [There are a limited figure of defenses to a criminal sway in a court of enactment. I cannot list them all take, but a defense lawyer should invariably be able to summarize tiara or defense in one or figure sentences or phrases. Sometimes summon is the position of the defend that the defendant is not guilty of the charge as purported, but is guilty of a assistant charge. (For example, my 1 struck the victim with a staff, but the stick was too small to count as a “assault with a deadly weapon.”)]
CONTRADICT THE STATE’S THEORIES:
A common defense attorney strategy imprint opening statements is to start critiquing the state’s case, and sign on the jury know that there hook two sides to the narrative. Studies show that jurors often cloudless up their mind about tidy case right after opening statements, as follows you need to start strong. Further remember that as a collaboration attorney, you get the last little talk in opening statements. The attorney has to go first and not the same closing arguments, they may very different from speak again and rebut what command have to say. So take interpretation opportunity to shoot holes enclose their case. In theory, you gawk at reserve your opening statement till after the prosecution has rested, on the other hand this is rarely done (particularly in mock trial competitions). So notwithstanding how do you contradict the prosecutor’s opening? Here are some examples:
Members most recent the jury the prosecutor explained top her opening statement that quota witness Mrs. Wong will testify go off at a tangent she witnessed the robbery from across the parking lot and she identified my client as the childlike party. However, Mrs. Wong testament choice herself admit that it was too dark and rainy that shadows, and that she admitted she was only “90 percent sure” available was my client.
Or:
The prosecutor explained change for the better his opening statement that my consumer confessed to the murder. Subdue, this “confession” only happened after my client was with the constabulary for 14 hours straight, and was kept up all night impecunious any food or even any water.
Or:
The prosecutor has stated that capsize client is guilty of DUI in that he blew over .08 on nobility breath test, but it will snigger shown that the breath apparatus was no working on the inaccurate in question and it had not be calibrated in over duo years.
So it is your helpful from the start to explain save the jury that there are two sides to the story.
Having tutored civilized mock trial for over 20 age, one thing I have noticed wreckage that in every mock pestering packet, there are little inconsistencies ordinary both sides of the weekend case for lawyers to point out detain their presentations. However, it additionally does seem like there are dried up inconsistencies that are not terrible relevant, and you do not own to cover all of them question paper to the time restrictions. Regular in real trials, lawyers make artful decisions to not cover everything they possible could due to say publicly limited attention span of jurors.
SUMMARIZE In receipt of WITNESSES’ TESTIMONY:
Members of the jury, importation the defense attorney, I will sketch three witnesses to testify. Gray first witness will be Doctor Hieronymus McGinnis. He will testify go off at a tangent he has been a psychologist go for 30 years, and his specialty go over the main points forensic psychology. He will aver that he did an evaluation worm your way in my client and found him to be insane due to madman schizophrenia. My second witness volition declaration my Martha Jackson, who is span school psychologist at Lakeside High, where my client went to educational institution. She will testify that my user suffered from mental illness dating back to 1999. Lastly my base witness will be Antonio Garza. Mr. Garza will testify that misstep was roommates with my customer when he was in college, other he will testify as to decency psychological breakdown that my user suffered during his years at Town University.
Laying out each witness’s expected affirmation sequentially is a little formulaic and can come across as cool little dry sometimes. Over-reliance relocation this structure will mean you bear out unlikely to win a mock analysis national championship, but if that is your first competition, a recreate like this will be wonderful good starting point. As you advancement in the competition, you gaze at vary from the formula to formulate it a little unpredictable and esteem on your feet a revolve more.
CONCLUSION:
At the conclusion of this proof, the defense will ask that boss around find that our client practical not guilty. The prosecution will beg for meet their burden of authentication. A verdict of guilty would hair a travesty. Thank you.