Law Podcast – Jury Trial: What Is An Opening Statement.
Attorney Adrian M. Madrone has teamed up with Law Professor Julie A. Helling’s acclaimed Internet Podcast Series Justice On Trial. In this episode, Adrian discusses trial procedure and explains what an opening statement is and why they are important. Adrian uses an example of an opening statement for a DUI defense trial.
For the complete podcast series, visit the Justice On Trial website.
Here is a transcript of the Law Podcast – Trial: What Is An Opening Statement:
Attorney Adrian M. Madrone:
“On previous episodes of this podcast, you have heard about the leadup to a case going to trial. This includes preliminary legal arguments that attorneys may present to the judge, and the process of jury selection. Once a jury is empaneled, the trial begins with an opening statement.
An opening statement is each side’s opportunity to give the jurors— who at this point likely know almost nothing about the case—a preview of what the case is about and what each side will be asking for.
The side that brought the case will present their opening statement first. This would be a prosecuting attorney in a criminal case, or a plaintiff’s attorney in a civil suit. The first attorney will typically introduce what the case is about by summarizing the facts, they may discuss who the likely witnesses will be, and they will end by stating what they intend to ask for at the conclusion of the trial.
As an example, let’s say someone is charged with a DUI (driving under the influence). The prosecuting attorney’s opening statement may be as simple as this: “On January 1, 2015, Officer Jones saw a car swerving between lanes and running a red light. He pulled the car over and found the defendant, Mr. Smith, behind the wheel. Officer Jones immediately smelled alcohol and heard the defendant slurring his speech while talking. Officer Jones asked the defendant to step out of the car. He did so, and then Mr. Smith performed some Field Tests so Officer Jones could look for possible impairment. Officer Jones observed numerous signs of possible impairment, and placed Mr. Smith under arrest for DUI. At the police station, Mr. Smith took a breath test, and we intend to present the results of that test in this trial. As we present our case, you will hear from Officer Jones, a representative from the State Toxicologist’s lab who will discuss the breath test machine, and a technician who maintains the breath test machine. At the end of the trial, I will be coming back to you, and asking that you find Mr. Smith guilty of Driving Under the Influence.”
In that example, the prosecutor’s goal would be to give the jury a good rough outline of the case. The prosecutor would probably try to avoid bogging the opening down with detailed descriptions of driving, field sobriety tests, or every single thing the officer said or did. Again, the goal is to give the jury just enough information so they understand what they will hear about and what the prosecution is seeking in the trial.
Once the prosecutor or plaintiff has given their opening statement, the defense has the opportunity to give an opening as well. Most often, the defense will present their opening right then. However, the defense is not required to present an opening. (In fact, the plaintiff side is not technically required to present an opening statement either, though it would be very unusual for the plaintiff to decline to do so.) On the defense side, there may be strategic reasons why the attorney would not immediately present an opening. There may be some uncertainty on the defense strategy, or there may be evidence that the defense hopes to keep out of the plaintiff’s case. Because of this, a defense attorney may wait until the close of the plaintiff’s case before they present their defense opening statement.
Other than the timing of when the statement is given, the overall goal for a defense opening is the same. Preview for the jury what the defense perspective on the case is, and what the defense will be asking for at the conclusion.
As an example of a defense opening to the DUI case discussed above, the defense might open with something like this: “Ladies and gentleman, in our case, we intend to show you that Mr. Smith was not under the influence of alcohol that night. That evening, he went out to dinner with a friend, and had one glass of wine. While he was driving, he had a mild seizure. You will hear that Mr. Smith has a history of seizures like this. This seizure caused him to appear impaired when he was contacted by the police officer. In our case, you will hear from Mr. Smith’s doctor, who will tell you about this medical condition. At the end of this trial, we believe the prosecution will be unable to prove to you beyond a reasonable doubt that Mr. Smith was driving under the influence. Therefore, we will be asking that you render a verdict of Not Guilty.”
Again, the defense attorney will avoid minute and small details in the opening statement. Instead, the attorney will focus on giving the jury a clear preview of the defense case, and what they intend to ask for at the conclusion.
While opening statements can sound simple, crafting an effective opening statement can be key to winning or losing at trial. Jurors often begin the process of choosing a side right after hearing openings. Opening statements are also the jury’s opportunity to begin gauging the attorneys’ credibility. Again, an opening statement can often be the most critical part of a trial.
This is Attorney Adrian Madrone, and this ‘Know Your Rights’ segment has been brought to you by the Lustick, Kaiman & Madrone law firm, a full-service criminal defense firm in Bellingham, Washington.”
End of Law Podcast Transcript.
Stay tuned for more in the Law Podcast Series by Adrian Madrone coming soon.
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