Opening Statements Closing Arguments

Opening Statements 1. Have a theme and use it at least 3 times. It should be memorable and relate to your side. 1. Have a theme and use it at least 3 times. It should be memorable and relate to your side. Examples: “Everything that happened here happened because of greed” Examples: “Everything that happened here happened because of greed” “Revenge. That’s what this case is all about.” “Revenge. That’s what this case is all about.” “If the glove doesn’t fit, you must acquit.” “If the glove doesn’t fit, you must acquit.”

Opening Statements 2. Use vivid, descriptive language: be memorable, use emotion 2. Use vivid, descriptive language: be memorable, use emotion Examples: “cause a collision” or “was in an accident” Examples: “cause a collision” or “was in an accident” “car” or “big black Jaguar sports car” “car” or “big black Jaguar sports car” “injury” or “career-ending shattered femur” “injury” or “career-ending shattered femur” 3. Give your theory of the case 3. Give your theory of the case an overview that makes sense of everything and will help the judge know what to expect an overview that makes sense of everything and will help the judge know what to expect Act as if the judge has not read the case Act as if the judge has not read the case

Opening Statements 4. Preview the testimony that will support your case – can do all 10 witnesses or select only some 4. Preview the testimony that will support your case – can do all 10 witnesses or select only some Examples: “When Officer Thomas tells you what he found when he searched the defendant’s car, you will know why the defendant was immediately arrested.” Examples: “When Officer Thomas tells you what he found when he searched the defendant’s car, you will know why the defendant was immediately arrested.” “You’ll see that the only witness who can verify her alibi is the victim’s own mother, who clearly has an interest in keeping her daughter out of jail.” “You’ll see that the only witness who can verify her alibi is the victim’s own mother, who clearly has an interest in keeping her daughter out of jail.”

Opening Statements 5. Technically you shouldn’t give opinions. State the facts as your side sees them, but stick to the facts. 5. Technically you shouldn’t give opinions. State the facts as your side sees them, but stick to the facts. 6. Directly address the judge/jury during opening. 6. Directly address the judge/jury during opening. 7. Won’t change on the day of trial. Many attorneys memorize (not required). Mock trial time limit is 5 min, penalty at 7 min. 7. Won’t change on the day of trial. Many attorneys memorize (not required). Mock trial time limit is 5 min, penalty at 7 min.

Opening statement structure 1. Introduce yourself & key people 2. Describe the scene, background 3. Define important terms (such as SBS) 4. Give the timeline of events 5. Point out issues the two sides disagree on 6. Clearly explain the basis for guilt/innocence 7. Ask for the result you want

Closing Arguments Sum up information and show why your side won Sum up information and show why your side won Use your side’s theme and theory of the case Use your side’s theme and theory of the case When describing the theory, point out how each fact was proven on the stand/recap testimony When describing the theory, point out how each fact was proven on the stand/recap testimony Remind the judge of what the law says and how it favors your side (P: no need to show intent; D: beyond a reasonable doubt) Remind the judge of what the law says and how it favors your side (P: no need to show intent; D: beyond a reasonable doubt)

Closing Arguments Attorneys can argue in closing arguments – draw conclusions, make inferences, point out witnesses who may be mistaken or lying Attorneys can argue in closing arguments – draw conclusions, make inferences, point out witnesses who may be mistaken or lying Point out your side’s strongest points Point out your side’s strongest points Point out opposing side’s weaknesses Point out opposing side’s weaknesses

Closing Arguments Explain how each element was proven and ask for the verdict you want Explain how each element was proven and ask for the verdict you want Thank the judge/jury for their time Thank the judge/jury for their time Closing arguments will change based on what happens at trial (eg, objections, impeachment); attorneys should be prepared with an outline, but be ready to change as needed Closing arguments will change based on what happens at trial (eg, objections, impeachment); attorneys should be prepared with an outline, but be ready to change as needed

Closing Arguments: Mock Trial Mock trial time limit for closing is 10 min. Over 10 min = penalty Mock trial time limit for closing is 10 min. Over 10 min = penalty Prosecution gives a 3 minute rebuttal. Over 3 min = penalty Prosecution gives a 3 minute rebuttal. Over 3 min = penalty The same prosecution attorney must give closing and rebuttal The same prosecution attorney must give closing and rebuttal The same attorney may not do both opening statement and closing argument The same attorney may not do both opening statement and closing argument

(Binder check next week!) Green sheet/unit overview (online) Green sheet/unit overview (online) Packets: Packets: Witness statements (online) Witness statements (online) Exhibits/impeachment/etc. (online) Exhibits/impeachment/etc. (online) Prosecution/Defense facts by witness Prosecution/Defense facts by witness Notes: Notes: Direct (online) Direct (online) Cross (online) Cross (online) Objections/theme/theory Objections/theme/theory Opening/closing (this PPT) Opening/closing (this PPT)

(Binder check next week!) Handouts: Handouts: Objections handout 7C Objections handout 7C Direct & cross samples Direct & cross samples 14 Bell Ringers 14 Bell Ringers 2 direct exam drafts 2 direct exam drafts 2 cross exam drafts 2 cross exam drafts Notes on witness statements (10) Notes on witness statements (10) 3 Quizzes 3 Quizzes