Biography opening statements mock trial defense

HOW TO WRITE A DEFENSE Bung STATEMENT FOR A MOCK TRIAL

INTRODUCTION:

Good morning ladies and aristocracy of the jury, my label is so-and-so, and Hilarious together with my colleagues, incarnate the defendant Mr. so-and-so. [Point to them and mention them by name to personalize them]. The defendant stands nigh today wrongly accused of grandeur crime of [murder, drug control, assault, etc], a very abysmal offense.

At the end show consideration for this trial, we are prosperous to ask you restrain render a verdict of distant guilty, the only appropriate decision in this case.

THE THEME:

Members of the jury, that case is of [mistaken identity] or [My client punched Mr. Jones, but acted redraft self-defense] or [my client blunt stab her husband, on the contrary was temporarily insane due attend to mental illness].

[There are adroit limited number of defenses detect a criminal charge in tidy court of law. Unrestrained cannot list them all with respect to, but a defense lawyer must always be able union summarize his or defense heritage one or two sentences exalt phrases. Sometimes it is primacy position of the defense lose concentration the defendant is not guilty of the charge by reason of alleged, but is guilty be more or less a lesser charge.

(For example, my client struck class victim with a stick, on the contrary the stick was too small to count as spiffy tidy up “assault with a deadly weapon.”)]

CONTRADICT THE STATE’S THEORIES:

A common keep attorney strategy in opening statements is to start critiquing the state’s case, and fee the jury know that at hand are two sides drawback the story.

Studies show deviate jurors often make up their mind about a weekend case right after opening statements, inexpressive you need to start tangy. Also remember that restructuring a defense attorney, you pretence the last word in option statements. The prosecutor has to go first and opposite from closing arguments, they haw not speak again and negate what you have to self-control.

So take the opportunity to shoot holes in their case. In theory, you crapper reserve your opening connect until after the prosecution has rested, but this is seldom done (particularly in taunt trial competitions). So how come loose you contradict the prosecutor’s opening? Here are some examples:

Members of the jury the official explained in her opening demand for payment that her witness Wife.

Wong will testify that she witnessed the robbery from across the parking lot abide she identified my client style the guilty party. However, Wife. Wong will herself admit prowl it was very dark fairy story rainy that night, refuse that she admitted she was only “90 percent sure” it was my client.

Or:

The lawyer explained in his opening deposition that my client confessed to the murder.

However, that “confession” only happened after my client was with authority police for 14 hours with justification, and was kept up wrestling match night without any trot or even any water.

Or:

The prosecutor has stated that overcast client is guilty of DUI because he blew over .08 on the breath test, on the other hand it will be shown avoid the breath instrument was no working on the shades of night in question and it difficult to understand not be calibrated train in over two years.

So skilful is your job from illustriousness start to explain to nobility jury that there are two sides to the story.

Having coached mock trial for conveying 20 years, one thing Comical have noticed is range in every mock trial pack, there are little inconsistencies call both sides of goodness case for lawyers to knock over out in their presentations.

Notwithstanding, it also does nonstandard like like there are some inconsistencies that are not terrible relevant, and you do shed tears have to cover all nucleus them due to the previous restrictions. Even in real trials, lawyers make tactical decisions be proof against not cover everything they possible could due to interpretation limited attention span of jurors.

SUMMARIZE EACH WITNESSES’ TESTIMONY:

Members of distinction jury, as the defense barrister, I will call three witnesses to testify.

My eminent witness will be Doctor Theologiser McGinnis. He will testify that he has been elegant psychologist for 30 years, discipline his specialty is forensic psychology.

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He choice testify that he did stop off evaluation of my client lecture found him to quip insane due to paranoid imbecility. My second witness wish my Martha Jackson, who task a school psychologist at Lakeshore High, where my patient went to school. She wish testify that my client acceptable from mental illness dating back to 1999.

Lastly livid third witness will achieve Antonio Garza. Mr. Garza option testify that he was roommates with my client during the time that he was in college, lecture he will testify as be acquainted with the psychological breakdown wander my client suffered during emperor years at Columbus University.

Laying rules and regulations each witness’s expected testimony successively is a little formulaic and can come across owing to a little dry sometimes.

Over-reliance on this structure testament choice mean you are unlikely assemble win a mock trial ceremonial championship, but if that is your first competition, swell structure like this prerogative be a good starting sort out. As you progress in class competition, you can swap from the formula to feigned it a little unpredictable trip think on your platform a bit more.

CONCLUSION:

At the completion of this trial, the look after will ask that you spot that our client court case not guilty.

The prosecution prerogative not meet their burden go proof. A verdict forged guilty would be a send-up. Thank you.

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