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fandomhigh2010-05-20 09:41 am
glasses-justice.livejournal.com) wrote in fandomhigh2010-05-20 09:41 am
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Anatomy of a Trial [Period 4, Class #2, 5-20]
Alex was in the classroom, this week, sipping tea and waiting for her students to file in.
"Welcome back," she began. "First, I'd like to thank all of you for indulging me, last week. More importantly, we've now picked a jury for our hypothetical case. We'll say that we've handled all of the pre-trial motions -- court filings about what evidence can be used and what can't, based on some legal hair-splitting that I won't bore you with -- and set a date for trial. That means it's time to talk about opening statements.
"In opening statements, each side gets to speak to the jury. An opening statement will explain your theory of the crime, and the strengths of your case. It can touch on the weaknesses of your case, thereby disarming the other side's arguments before they happen, but this is dangerous. Especially if you're the prosecuting side. The defense is under no obligation to put on any evidence, so if you refer to statements the defense will make, you're over the line.
"A good opening statement is powerful. Grab the jury's attention, and show them how important this case is. Don't dip into theatrics, though -- most juries are cynical enough to catch on to those. The crime itself is compelling enough.
"A good opening statement tells a story. People like stories; they allow you to visualize a chain of events in a way that a bare recitation of facts wouldn't. Tell the story of the crime, so that jurors understand how and why events unfolded. Juries hate mysteries. They want to know why your client acted uncharacteristically, that day, and if you don't have a plausible explanation, they'll assume it's because you don't have one.
"A good opening statement is simple. Movies and books often start in media res -- in the middle, with flashbacks to the beginning. It's a great artistic device, and a terrible idea in court. Start at the beginning, and end at the end. Avoid legal-ese, and keep the thesaureses locked away. If the jury's confused, then you're at a disadvantage.
"And a good opening statement should have a theme. You should be able to answer the question, 'What is this case about?' in one or two brief sentences. This case is about greed. This case is about a man who couldn't control his temper. This case is about power, and a woman who abused it.
"Today, we're going to work on writing opening statements. Your assignment, this week, is to work up a draft, and rehearse your opening statement in front of at least one other person." She smiled the smile of all evil teachers as she added, "It'll be good practice for next week, when you'll have to give your opening statement here, in class."
"Welcome back," she began. "First, I'd like to thank all of you for indulging me, last week. More importantly, we've now picked a jury for our hypothetical case. We'll say that we've handled all of the pre-trial motions -- court filings about what evidence can be used and what can't, based on some legal hair-splitting that I won't bore you with -- and set a date for trial. That means it's time to talk about opening statements.
"In opening statements, each side gets to speak to the jury. An opening statement will explain your theory of the crime, and the strengths of your case. It can touch on the weaknesses of your case, thereby disarming the other side's arguments before they happen, but this is dangerous. Especially if you're the prosecuting side. The defense is under no obligation to put on any evidence, so if you refer to statements the defense will make, you're over the line.
"A good opening statement is powerful. Grab the jury's attention, and show them how important this case is. Don't dip into theatrics, though -- most juries are cynical enough to catch on to those. The crime itself is compelling enough.
"A good opening statement tells a story. People like stories; they allow you to visualize a chain of events in a way that a bare recitation of facts wouldn't. Tell the story of the crime, so that jurors understand how and why events unfolded. Juries hate mysteries. They want to know why your client acted uncharacteristically, that day, and if you don't have a plausible explanation, they'll assume it's because you don't have one.
"A good opening statement is simple. Movies and books often start in media res -- in the middle, with flashbacks to the beginning. It's a great artistic device, and a terrible idea in court. Start at the beginning, and end at the end. Avoid legal-ese, and keep the thesaureses locked away. If the jury's confused, then you're at a disadvantage.
"And a good opening statement should have a theme. You should be able to answer the question, 'What is this case about?' in one or two brief sentences. This case is about greed. This case is about a man who couldn't control his temper. This case is about power, and a woman who abused it.
"Today, we're going to work on writing opening statements. Your assignment, this week, is to work up a draft, and rehearse your opening statement in front of at least one other person." She smiled the smile of all evil teachers as she added, "It'll be good practice for next week, when you'll have to give your opening statement here, in class."