Opening Statements At Criminal Trials
In eighth grade, you learn that the first paragraph of an essay should contain a thesis statement, usually preceded by some introductory remarks that lead up to it. Teachers who have read enough such essays tend to joke that this rule leads to students beginning their essays with sentences like, “Throughout history, students have been starting essays with introduction paragraphs. If you take AP English in high school, you learn that your introductory paragraph should be interesting instead of generic. One of the most fun parts of teaching AP English is seeing the creative ways that students remix popular proverbs, lyrics, and movie quotes in the opening paragraphs of their essays. In law school, however, you learn that you should write the beginning last. This is especially true at criminal trials. The opening statement is the first thing the jury hears, but your lawyer writes it only after every other aspect of the trial is in place. To find out more about the art and science of establishing reasonable doubt in the minds of jurors, contact a West Palm Beach criminal defense lawyer.
What Criminal Defense Lawyers Say in Opening Statements
Much like the overture of an opera or the table of contents of a reference book, the opening statements at a criminal trial give the jury a preview of the arguments and evidence they will hear. Since the burden of proof is on the prosecution, the prosecutor’s opening statement is first. The prosecutors give a brief description of the alleged crime and explain why they believe the defendant is guilty. The defense attorney then explains why there is room for doubt about the defendant’s guilt. Both sides briefly describe the witnesses they will examine, but they do not ask the jury to make inferences at this stage.
What If Your Lawyer Doesn’t Make an Opening Statement at All?
The purpose of the opening statements at a criminal trial is to outline each side’s arguments. Therefore, none of the witnesses you summon, nor anything you say in your closing arguments should contradict your opening statements. Jurors may be surprised by what they see and hear during a criminal trial, but nothing is a surprise to the prosecutors or defense lawyers. They have seen all of each other’s evidence and perhaps even argued in front of the judge about which evidence the jury should and should not hear.
Even though you already know what the witnesses will say, you cannot predict how the jury will react to it. Defense lawyers might choose to leave their opening statements brief and vague in order to give themselves more flexibility about what to say during closing arguments. In some cases, the defense chooses not to make an opening statement at all, to provide maximum flexibility for closing arguments.
Contact a West Palm Beach Criminal Defense Lawyer Today
Attorney William Wallshein has more than 38 years of experience, including five years as a prosecutor in Palm Beach County. Contact William Wallshein P.A. in West Palm Beach, Florida to discuss your case.
Sources:
law.cornell.edu/wex/opening_statement
uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/differences
