fandomhigh | 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."

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"My case concerns driving while under the influence," Hinata said, resisting the urge to look down at her notes and speaking slowly to minimize her stutter. "Mimi Callahan was the driver at the time of the accident. Her passengers that night were Annabelle Day and Sarah Rothwell. They were heading back to their dorms after a birthday party for Michelle Herstein, a close friend of all of them when Miss Callahan's car went out of control and they crashed in a ditch just off of their campus. Luckily, no one had been hit by the out of control vehicle and with the deployment of the airbags, emergency services were contacted quickly.

"On their way to the hospital, while their injuries were being treated, all three girls were subjected to a b-breathalyzer." Which, Hinata maintained, was an odd word. "All three of them were over the blood alcohol content legal for driving, however Miss Rothwell and Miss Day were significantly more intoxicated than Miss Callahan, who registered as only very marginally over the legal limit. All three of them were injured severely in the accident." Hinata paused and had to look down at her notes to rattle off a few of their injuries. "The car Miss Callahan was driving had been in and out of the shop several times over the last few months for minor repairs. I sh-should like to take defence for this case, and I'd like to prove that the accident was simply that, an accident of human error and mechanical difficulties and any punishment under law should be minor."

"Do you have any proof that the car's mechanical issues may have reasserted themselves?" she asked, scribbling a few words on a notepad as Hinata talked. "That's a great angle to work, if you can suggest that the car accident was completely unconnected to any possible inebriation. Is there any wiggle room on the breathalyzer's results? There has to be a margin of error for those devices."

"There is some indication that it is possible," she said, looking through her case. "I h-have a report on the car's current condition from a week prior to the accident, but the damage done to car makes proving anything a difficult proposition."

She flushed.

"I admit that I am uncertain how much potential for error there is in the bereathalzyer's results, though." Hinata flushed. It was embarrassing to admit that, yes.

"I don't know offhand," Alex admitted. "You could do some general research. There has to be someone out there who is convinced that breathalyzer results are consistently high, by a margin that would clear your client. Even if that person is a complete nutball, that would introduce ambiguity for the jury. There might be something innocuous that could affect the results negatively, the way that poppyseed bagels can cause a weak positive for heroin on drug tests. If you're close to the legal limit, don't concede that ground. The prosecution will ask about alternative methods of transportation -- taxis, or calling another friend. You should prepare a counterargument in advance."

She considered that carefully.

"I will do the research first," Hinata said, watching for any signs of disapproval. "What I find out may alter what counterarguments I could use, right?"

Also, the bit about the bagels was just neat.

"Absolutely," Alex agreed. "There may be new avenues to explore. Or possibilities could be shut down entirely. Keep your eyes open and see what presents itself."

Anatomy of a Trial [Period 4, Class #2, 5-20]

Opening Statements - Hinata's Case - ANAT02

Re: Opening Statements - Hinata's Case - ANAT02

Re: Opening Statements - Hinata's Case - ANAT02

Re: Opening Statements - Hinata's Case - ANAT02

Re: Opening Statements - Hinata's Case - ANAT02

Re: Opening Statements - Hinata's Case - ANAT02