Arbery had been dead for more than two months before the McMichaels and Bryan were charged and jailed last year. Greg McMichael, a retired investigator for the local district attorney, told police the men were trying to stop Arbery because they suspected he was a burglar. Security cameras had recorded him entering a nearby house under construction. Support Provided By: Learn more. Thursday, Jan The Latest. World Agents for Change.
Health Long-Term Care. Capitalize on primacy and recency effects by starting your opening in a strong manner and ending it likewise. For important points you want remembered in the middle of the presentation, do something which increases the jurors' attention, e.
This variation in presentation will produce immediate increases in attention. Choose the time for rhetorical questions carefully. For strong cases, rhetorical questions are best placed near the beginning of the presentation. For less strong cases, rhetorical questions are best placed near the end. It is also beneficial to place rhetorical questions near the end of the presentation to focus the jurors' attention on the weaknesses of the opponent's case.
Inoculate jurors as to the opponent's major arguments. Where possible, anticipate major arguments or theories of your opponent. Address them in a weakened form and refute them. This will enable jurors to be more successful in resisting persuasion on these points.
Anticipate problem areas of your case. 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. Briefly discuss key legal concepts. Briefly explain key legal concepts or standards. Show how the evidence can be favorably applied to these key concepts or terms.
However, discussion of legal procedures is best left to the judge since it will detract from the persuasiveness of the presentation. Never start your opening statement by saying, "What I will say is not evidence"; there is no need to tell jurors to ignore you.
Use physical evidence. Use a few important items of physical evidence that will help the jurors better understand your presentation. Clear and understandable summary charts, time lines, organizational charts and other demonstrative evidence can enhance the verbal presentation.
In addition, the jurors' interest and attention will be increased by the introduction of this material. Do not hide behind the podium. Do not use the podium as a shield behind which you hide from the jurors. Leave the podium to demonstrate critical events.
The movement will increase the jurors' attention and, more importantly, facilitate their understanding of the event. Remind jurors of commitments. During the course of voir dire you should have jurors commit to certain positions, e. Reinstill this commitment by reminding them of their promises. Do not waive opening statements.
Opening statements rarely should be waived or deferred. By waiving or deferring an opening statement, the attorney risks the jurors adopting the opponent's view of the case at the outset of trial. Conclusion Opening statements play a key role in communicating the framework for how jurors should view the evidence. Persuasive opening statements contain many common features.
By paying attention to these features and using the recommendations contained in this article, attorneys can consistently present persuasive opening statements.
While opening statements do not win cases by themselves, they prime the pump for success. About the editor: Jeffrey T. Frederick, Ph. This article has been viewed , times. An opening statement is the most important points in a trial and it provides an attorney with an opportunity to engage with the jury about their case.
An opening statement should always include an introduction; a body, which includes a story and a discussion of disputes and weaknesses; and a conclusion. To write an opening statement, start with your introductory remarks that summarize the case, state your theme, and intrigue the jurors.
Then, go on to introduce your client, as well as any other witnesses involved in the case. Next, identify the main points of contention in the case and tell the jury your story of what happened from your client's point of view.
You should also briefly mention any weaknesses in your case to lessen their impact when your opponent brings them up. Finally, conclude your opening statement by summarizing the theme of your case and asking the jury for a specific verdict. To learn how to rehearse and deliver your opening statement, scroll down! Did this summary help you? Yes No. Log in Social login does not work in incognito and private browsers.
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Article Summary. Co-authored by Clinton M. Part 1. Identify and understand the purposes of your opening statement. An opening statement is meant to help jurors comprehend the case, focus on important evidence, and provide context. This will help you write the best opening statement possible. Your opening statement should do at least the following things: Present a clear picture of the case.
Arouse the interest of your jury. You want to speak to them as the intelligent people they are, and you want to be sincere in the beliefs you convey. Identify and understand what content belongs in your opening statement.
Before you start writing your opening statement, you want to brainstorm what type of information should be included and what should be left out. An opening statement is an opportunity for you to discuss the facts of your case while generally avoiding arguments and the application of law to facts.
Your opening statement can most likely have a brief introduction to the legal issues on which your case depends.
Identify and understand your audience and what your tone should be. When you deliver your opening statement at trial, your audience is going to be the jurors.
In order to write the best possible opening statement, you will want to know as much about your jurors as possible. Understand the educational and cultural diversity of your jurors, as well as any likes or dislikes they may have hinted at during prior proceedings.
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