Who makes the opening statement in a criminal trial

It is about here in the opening that the defense will likely claim that this is really a case of Team Fitz mishandling the case and failing to investigate other persons suspected of the crime. Because every defense opening includes this accusation. We know that the defense will say that this case is really about outing a spy and that Armitage is the guilty man.

Ooops, sorry for the digression. This was used to tremendous effect during the OJ Simpson trial. The murderer was not on trial, the police and prosecutors were. By asking the jurors to help with the investigation, the defense transforms the jurors from passive onlookers to active participants.

Suddenly any question left unanswered, no matter how irrelevant, is reason to suspect the prosecution has fouled up. Sometimes you will see the defense lawyer deny who he is 3 times before the cock crows.

Most white collar defense lawyers also do some commercial or corporate work, because you need to know commercial and corporate law in order to defend these kinds of cases. The defense lawyer apologizes for his unfamiliarity or rustiness with these rules and draws sympathy for his client rather than outrage at his cheating. I suspect this will receive prominent play in the Libby trial.

This does not always take the form of calling them a liar. It may be an attack on their good faith recollection. Yes, lots of folks will be said to have misremembered before this trial is over. All standard stuff, heard every day in criminal courts all over the U. Where will Irving sit?

A last thought about opening day; while this is not strictly part of the Opening Statement, it will be a visual part of the opening and perhaps the rest of the trial. The positioning of the defendant in the courtroom is a critical element of the defense strategy.

If, however, your client is respectable looking and the jury already knows he is himself a lawyer, you put him in between two members of the trial team and let him keep busy making notes.

Humanize the defendant. Make no promises about the defendant testifying. Rarely should defense counsel promise that the defendant will testify. Promise it, and the jury will expect it. If the defense then breaks that promise, the jury will not overlook it. A smart criminal defense attorney will ignore this rule as much as possible. The opening statement should be an abbreviated version of the closing argument.

It was also written in part by trial lawyers. Criminal defense attorneys are not paid actors, but they better be prepared to perform for the jury during the opening statement. You never see an actor read a script on stage. A defense attorney must never read during an opening statement. In order to convince the jury, a defense attorney must be credible. An attorney who reads from notes will not appear credible in front of the jury. Any attorney who reads an opening statement will not be entertaining in front of the jury, and the jury will become bored, tune out, and not pay attention.

If this happens, the defense may never recover. Instead, it is important for the criminal defense attorney to make eye contact and connect with each member of the jury while delivering the opening statement. The attorney must feel comfortable to walk around the courtroom and in front of the jury box during the opening. If an attorney stands still behind a podium or at counsel table, he runs the risk of boring the jury.

Finally, the defense attorney must sell the compelling story of his client and the defense during the opening. If this happens, the defendant will score points in the opening round and can start the trial with the jury on the side of the defense.

If you or a family member face criminal charges or a trial in New Jersey, contact me immediately so I can review your case and the evidence against you and advise you as to all possible defenses to make sure that you are properly represented.

I am skilled in all aspects of criminal trials. I have delivered countless opening statements before juries and have tried these criminal cases all the way to verdict in New Jersey.