Opening Statement (From Trial Techniques - A Compendium of Course Materials, P 73-89, 1980 - See NCJ-78190)

• NCJ Number: 78193
• Author(s): W Emmons; S M Fallis; S W Cooper
• Date Published: 1980
• Length: 18 pages
• Sale Source: National College of District Attorneys
• Publication Type: Instructional Material
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

These three papers which explain to prosecutors the purposes and contents of the opening statement and techniques for delivering it.

Abstract

All the papers emphasize that the opening statement should never be waived since it affords the prosecutor an opportunity to be in command during the trial. The purposes of the statement are to continue the prosecutor's orchestration of the case, to acquaint the jury with basic trial procedures, to expose the weaknesses of the prosecutor's case rather than letting the defense do it, and to preview the facts of the case. The opening statement should be clear and concise, so that only an outline of the case is presented. While delivering the statement the prosecutor should exhibit a positive attitude and come across as sincere. Eye contact should be maintained with jurors during the presentation. Among pitfalls of the opening statement are overstatement of the case, which may destroy the prosecutor's credibility, concealing weaknesses in the case, and using technical language. Examples of opening statements are included in one of the papers.