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Retro Craze Retro Craze
Member since:
21 July 2007
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2058 (Level 3)

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High School Mock Trial- Opening Statement?

For my Participation in Democracy class we are doing mock trial, and I must present the Prosecution opening statement. I need help with a basic out line or some other information on how to write an opening statement
.
The case is State vs. Drew Diamond, for second degree murder.

The basic story is that Diamond shot his girlfriend in an express cafe vestibule, after she tole him that she didn't want to move to california with him.

So if anyone could help me, that would be much appreciated!
  • 2 years ago

Additional Details

Okay so do I just state the prosecution witnesses, or do I also say the defense witnesses aswell?

2 years ago

David M by David M
Member since:
20 December 2006
Total points:
38804 (Level 7)

Best Answer - Chosen by Voters

All you do in the opening statement is tell the Court/jury what the evidence will show. Start with an outline of the case and then go through what each witness will say when they testify. Do not argue your case. That's for closing. Arguing your case is improper during the opening. For each witness, say: "The prosecution will call Ms. XXXX, who will testify that:.." then go through the summary of her testimony. Do that for each witness. Begin by presenting what the case is about, what the defendant is charged with and then start talking about the witness testimony.

Source(s):

Attorney and mock trial coach
  • 2 years ago
70% 7 Votes

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Other Answers (3)

  • Lisa by Lisa
    Member since:
    10 March 2007
    Total points:
    32457 (Level 7)
    State the basic facts of the case in chronological order. State who you are going to call to trial in the order you plan to call them, what they will say, and what evidence will be presented that will support your case. It should be very direct and to the point. Closing arguments are usually where you summarize what happend and you can add a little more narrative in it.

    If you have any other questions just e-mail me. I used to be on my college mock trial team and I'm a current law student.
    • 2 years ago
    10% 1 Vote
  • ironjag by ironjag
    Member since:
    02 July 2007
    Total points:
    5294 (Level 5)
    Opening statements are not argument. It is only your introduction to the jury about what the evidence will show you.

    Break down your side of the case and what evidence you will use to show you that he commited the crime.

    Determine your theory of the case and come up with a short one line prhase that sums up that theory to put that theory in the mind of the jury:

    For example: "A man in love. A man possessed. A man rejected. A woman killed"

    Then pause as you make good eye contact with the jury...

    THen start with the simple facts you intend to prove...

    For example: On May 6, 2007, Drew Diamond took his father's 9 mm pistol aimed it at Sue Smith, pulled the trigger and killed her instantly.... Pause again...good eye contact...

    Then, just go through your facts. Every now and then start with one of these phrases:

    The evidence will show that... or

    Mrs. Jones, the express cafe manager will tell you that she heard/saw...

    It's not important to "win your case" with the opening. The point is to be clear, concise, non-argumentative as you tell the story.

    Eye contact and good pauses will help you with pace and confidence in your case.

    Don't whine. Don't argue, Don't quibble. Be straightforward.

    End it with: After you hear all the evidence, the State asks you to return a verdict of guilty against Drew Diamond.

    For dramatic points...anytime you refer to Drew Diamond...point at him. Sometimes turn and point at him.

    Limit your movement....limit your hand movements. They distract the jury.

    Be calm, be poised and convey your belief in your case calmly.

    Source(s):

    Former mock trial coach. Practicing trial attorney.
    • 2 years ago
    20% 2 Votes
  • H0llywoodzZ Star (: by H0llywoodzZ Star (:
    Member since:
    06 December 2007
    Total points:
    545 (Level 2)
    My class just started a mock trail as well.
    My team and i just presented out Opening statement.
    You should know what your saying at all times.
    Practice it a couple of times so you wont get confused at any time.
    You HAVE TO HAVE good eye contact.
    State exactly what happened in order and what your trying to prove.
    Tell the jury what you are accusing him of and me sure that they know that each crimes factors are. The opening statement should explain alot of the law term that you may use.
    It should also include the State laws.Also try to put some logic into it. Our Opening statement which we did yesterday after class my teacher, told us we did a good job. So yea... GOOD LUCK =)
    • 2 years ago
    0% 0 Votes

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