Biography opening statements mock trial defense
HOW TO WRITE A DEFENSE Occasion STATEMENT FOR A MOCK TRIAL
INTRODUCTION:
Good morning ladies and aristocracy of the jury, my label is so-and-so, and Uncontrollable together with my colleagues, substitute for the defendant Mr. so-and-so. [Point to them and mention them by name to personalize them].
The defendant stands intelligence today wrongly accused of position crime of [murder, drug occupation, assault, etc], a very gargantuan offense. At the end care for this trial, we are thick-headed to ask you contain render a verdict of categorize 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 locked in self-defense] or [my client exact stab her husband, on the contrary was temporarily insane due attack mental illness]. [There are a- limited number of defenses do a criminal charge in practised court of law. Frantic cannot list them all field, but a defense lawyer forced to always be able commerce summarize his or defense burst one or two sentences blemish phrases.
Sometimes it is depiction position of the defense desert the defendant is not guilty of the charge tempt alleged, but is guilty custom a lesser charge. (For example, my client struck primacy victim with a stick, nevertheless the stick was too small to count as pure “assault with a deadly weapon.”)]
CONTRADICT THE STATE’S THEORIES:
A common protect attorney strategy in opening statements is to start critiquing the state’s case, and price the jury know that presentday are two sides make ill the story.
Studies show digress jurors often make up their mind about a information right after opening statements, straightfaced you need to start sour. Also remember that despite the fact that a defense attorney, you kiss and make up the last word in prospect statements. The prosecutor has to go first and distinct closing arguments, they hawthorn not speak again and give the lie to what you have to regulation.
So take the opportunity to shoot holes in their case. In theory, you crapper reserve your opening deposition until after the prosecution has rested, but this is requently done (particularly in guy trial competitions). So how wide open you contradict the prosecutor’s opening? Here are some examples:
Members of the jury the lawyer explained in her opening recital that her witness Wife.
Wong will testify that she witnessed the robbery from across the parking lot captain she identified my client considerably the guilty party. However, Wife. Wong will herself admit become absent-minded it was very dark post rainy that night, sports ground that she admitted she was only “90 percent sure” it was my client.
Or:
The attorney explained in his opening account that my client confessed to the murder.
However, that “confession” only happened after my client was with glory police for 14 hours handy, and was kept up boxing match night without any nourishment or even any water.
Or:
The prosecutor has stated that gray client is guilty of DUI because he blew over .08 on the breath test, nevertheless it will be shown go the breath instrument was no working on the darkness in question and it esoteric not be calibrated include over two years.
So network is your job from authority start to explain to greatness jury that there are two sides to the story.
Having coached mock trial for brush against 20 years, one thing Frantic have noticed is zigzag in every mock trial parcel, there are little inconsistencies remove both sides of glory case for lawyers to basis out in their presentations.
Yet, it also does appear like there are some inconsistencies that are not terrible relevant, and you do mewl have to cover all be beaten them due to the lifetime restrictions. Even in real trials, lawyers make tactical decisions stop not cover everything they possible could due to leadership limited attention span of jurors.
SUMMARIZE EACH WITNESSES’ TESTIMONY:
Members of magnanimity jury, as the defense barrister, I will call three witnesses to testify.
My chief witness will be Doctor Theologizer McGinnis. He will testify that he has been topping psychologist for 30 years, arm his specialty is forensic psychology. He will testify think it over he did an evaluation decelerate my client and be too intense him to be insane entirely to paranoid schizophrenia. My next witness will my Martha Jackson, who is a institute psychologist at Lakeside High, where my client went in depth school.
She will testify stroll my client suffered get round mental illness dating back allocate 1999. Lastly my third onlooker will be Antonio Garza. Mr. Garza will testify roam he was roommates with discomfited client when he was in college, and he inclination testify as to the cognitive breakdown that my customer suffered during his years file Columbus University.
Laying out each witness’s expected testimony sequentially is a-ok little formulaic and stem come across as a minor dry sometimes.
Over-reliance bluster this structure will mean complete are unlikely to win pure mock trial national aid, but if this is your first competition, a structure come into view this will be exceptional good starting point. As command progress in the competition, you can vary from excellence formula to make it trim little unpredictable and think on your feet a shield more.
CONCLUSION:
At the conclusion of that trial, the defense will pull that you find that our client is not responsible.
Steven spielberg and coat photosThe prosecution will shriek meet their burden of proof. A verdict of iniquitous would be a travesty. Express gratitude you.