Opening and Closing Statements (From Psychology of Evidence and Trial Procedure, P 229-252, 1985, Saul M Kassin and Lawrence S Wrightsman, eds. - See NCJ-99863)

• NCJ Number: 99871
• Author(s): E A Link; G Y Ke
• Date Published: 1985
• Length: 24 pages
• Sale Source: Sage Publications, Inc
• Language: English
• Country: United States of America

Annotation

An analysis of the rules and psychological research relating to opening and closing statements and their impacts on juries concludes that counsel should be given more freedom in their statements.

Abstract

Counselors have traditionally had more freedom in their closing arguments than in their opening statements. Four crucial issues relating to this subject are the degree of freedom that counsel should have in opening statements, the relative importance of opening and closing statements, the extensiveness of the opening statement, and the style and tactics that are most effective. Although legal writers vary in their opinions on these subjects, the research on perceptions and attitudes clearly indicates the benefits of making an opening statement and the desirability of an extensive statement. Despite the potential that opening and closing statements have for persuading juries, the research also shows that jurors are rightly skeptical of statements made during these phases of the trial. However, research and theory on procedural fairness also suggest that relatively unrestrained statements will increase perceptions that the trial and verdict are fair. Thus, it would be desirable to increase the level of freedom above what is currently allowed. 1 figure and 52 references. (Author summary modified)