Opening Statements Have A MAJOR IMPACT on the Jury Shape the ways that jurors receive the evidence Serves as the lens through which jurors see the.

Keys to an EffectiveOpening Statement

“The beginning is half of the whole”- Plato

Opening Statements Have A MAJOR IMPACT on the Jury

Shape the ways that jurors receive the evidence

Serves as the lens through which jurors see the evidence when it comes in over the course of the trial Carefully select the evidence you are going to preview

for the jury

Should parallel the closing statement

“Evidence itself is eloquence, and the facts, if properly arranged, will make the argument which you are not allowed to make as such. The facts, if put together right, will shout louder than you could” (Stryker).

Start With Your Argument

Ideally, the opening statement should start with a clear statement of the main argument of your case.

The main argument should be short, consisting of a one- to two-sentence statement which sets out the factual and emotional bases for the case.

The main argument should be reinforced during the presentation by restating it, particularly near the end of the statement.

Example of Arguments or “Taglines”

“No one would take on his case…until one man was willing to take on the system.” (Philadelphia)

“In the heart of the nation’s capital, in a courthouse of the U.S. government, one man will stop at nothing to keep his honor, and one will stop at nothing to find the truth.” (A Few Good Men)

“Sometimes it’s dangerous to presume.” (Presumed Innocent)

“There are two sides of this mystery. Murder…and passion.” (Jagged Edge)

“In a world of lies, nothing is more dangerous than the truth.” (Shadow of Death)

“On the other side of drinks, dinner, and a one night stand, lies a terrifying love story.” (Fatal Attraction)

Options for Organizing Your Opening

Tell Your Story (Paint the Picture)

No one can resist a good story!

A story provides jurors with a framework that they can use to filter and organize the evidence they see and hear during the trial.

Example

The government's opening statement in the sentencing trial of admitted terrorist Zacarias Moussaoui provides a good example here. The opening lines alone contain several elements of good storytelling, including vivid character development and foreshadowing.

September 11th, 2001 dawned clear, crisp and blue in the northeast United States. In lower Manhattan in the Twin Towers of the World Trade Center, workers sat down at their desks tending to e-mail and phone messages from the previous days. In the Pentagon in Arlington, Virginia, military and civilian personnel sat in briefings, were focused on their paperwork. In those clear blue skies over New York, over Virginia, and over Pennsylvania, in two American Airlines jets and in two United Airlines jets, weary travelers sipped their coffee and read their morning papers as flight attendants made their first rounds. And in fire and police stations all over New York City, the bravest among us reported for work. It started as an utterly normal day, but a day that started so normally and with such promise, soon became a day of abject horror. By morning's end, 2,972 people were slaughtered in cold blood.

Focus on Your Key Facts

Take, for example, the opening statement of the prosecution in the fictional trial at the center of the movie "A Few Good Men." There, the key issue was whether two marines killed a third marine deliberately or accidentally. In its opening, the prosecution effectively told its story by focusing on a discrete (but powerful) set of facts:

The facts of the case are this: At midnight on August 6th, the defendants went into the barracks room of their platoon-mate, PFC William Santiago. They woke him up, tied his arms and legs with rope, and forced a rag into his throat. A few minutes later, a chemical reaction in Santiago's body called lactic acidosis caused his lungs to begin bleeding. He drowned in his own blood and was pronounced dead at 32 minutes past midnight. These are the facts of the case—and they are undisputed.

Account for the Bad Facts

Disclose problems such as damaging evidence which you expect to appear at trial. Take the sting out of these problems by briefly addressing them and putting them in the most favorable light.

In defending Imelda Marcos in her 1990 trial on racketeering and fraud charges, Gerry Spence conceded what the jury was sure to learn at trial: "She spent money. No question about that. She is a world-class spender. She is a world-class shopper.” But he also used that concession to highlight the theme of his defense, namely, that she was a "small, fragile woman" with little grasp of "the intricacies of finance" who was manipulated by others.”

Reminders to Creating the Effective Openings

Be Clear and Organized

Present your opening statement in a clear and organized manner.

Do not confuse the jury. Digressions detract from the impact of the statement and should not be included.

Simplify complex material by telling jurors how you will cover this material and its significance to the case in advance of a full discussion of it. This means you have to get organized as a group

so your opening can be cohesive and help to strengthen and organize the other parts.

Let’s take a look at an effective opening argument

http://www.youtube.com/watch?v=qFqKTmMnlho

Tips for an Effective Closing

Statement

Closing arguments are the final opportunity attorneys have to persuade jurors.  Through closing arguments, attorneys show jurors how the evidence supports a verdict in favor of the client and they motivate jurors to return such a verdict.  

Organizing the Presentation

 The main argument is reinforced several times during the closing argument.

Placement of important points in the main argument capitalizes on how people remember information.

Redundancy serves to reinforce important information, provided the redundant information is sufficiently varied so that it does not bore the jury.

Organize Your Speech

Handle your evidence

Attack your opponent’s case

Motivate the jurors

End on a strong note

Handling Your Evidence

Persuasive closing arguments provide a detailed description of the party's evidence

The strengths of favorable evidence are reinforced.

Where possible, weak or potentially damaging evidence is addressed by putting it in the best light.

Attacking Your Opponent's Case

Any failures to deliver on promises made during the opening statement are revealed.

The jurors' memory for inconsistent, contradictory, and otherwise damaging evidence in the opponent's case is refreshed.

Motivating the Jurors 

Emotions (pathos) are the key to motivating people.  Appeals to appropriate emotions which are supported by the evidence provides jurors with the motivation to return a favorable verdict.

Effective Ways to End A Speech

Recite a couple of lines from the story that are memorable and also prove your claims

End with a heart-felt human interest story

Ask rhetorical questions and answer with an easy to remember one-liner

See a great example of a closing statement!

http://www.youtube.com/watch?v=XMi_H_Iu9hY

https://www.youtube.com/watch?v=XZiplVINs0g

Developing Your Arguments and Presenting Your

Evidence

Person 2 and 3

Topic Sentences

Make a strong statement to support your charge.

These topic sentences are REASONS WHY your person is guilty or innocent.

They are strong statements to make the jury think and want to believe and hear what you have to say.

Analysis

Make sure you use Literary Technique to develop Hemingway’s implied purpose and blame

Handle your evidence. What is the evidence?

How does this quote prove your point? Use plenty of persuasive tools to help develop a strong argument!

Analyze for tone, punctuation, motive, diction, crime scene evidence, character profile, etc. Be clear and do not confuse the jury

Rebuttal

Person 4

Rebuttal

Begin by presenting the evidence your opposition just gave They will state 4 quotes for their evidence, but you will

have 2 of their quotes You can paraphrase the oppositions evidence for sake of time

and clarity Begin with:

My opposition just stated… You have just heard… The evidence the defense/prosecution just used…

Reiterate the rationale behind the other side choosing their quote. The other side claims that… The defense/prosecution chose this evidence because…

Rebuttal Cont…

NOW this is your turn to:

Use an effective quote that directly opposes the opposition’s quote and/or argument.

This quote will prove why the opposing side’s evidence is false or faulty AND make your side seem stronger.

Commentary for Rebuttal

Show how quote disproves the opposing argument and also strengthens your argument Although the opposing side believes …, this

piece of evidence proves that… The other side may state that… but here, you

see that… However, it is apparent… What the opposing side fails to show…

Counter

Optional Counter

As the opposing side presents their rebuttal, as a team, you should be searching for evidence or statements to disprove what they just claimed.

After they finish, you can optionally choose to do another rebuttal to shoot down any claims they just made. Effective rebuttals/counters can really strengthen you case in

the eyes of a jury. However, ineffective rebuttals/counters can really weaken your credibility.

If you do not have anything to say, state “The defense/prosecution rests.”