Wednesday, October 23, 2013

Opening Statement




Example of a Mock Trial Opening Statement:
http://www.youtube.com/watch?v=1s0WpKURSV8

This is from Diana Pugh's Mock Trial Site

OPENING STATEMENT

  • INTRODUCE THE ENTIRE TEAM BEFORE BEGINNING. TEACH YOUR TEAM TO STAND AND REMAIN STANDING AS EACH TEAM MEMBER PRESENTS HIMSELF OR HERSELF. FIRST IMPRESSIONS MATTER!
  • PLAINTIFF/PROSECUTION PRESENTS THEIR OPENING  FIRST. DEFENSE PRESENTS OPENING SECOND OR AFTER THE PLAINTIFF/PROSECUTION RESTS.
  • THE OPENING IS CRITICAL. IT SETS A TONE FOR YOUR TEAM. YOU WANT TO CHOOSE ONE OF YOUR STRONGEST TEAM MEMBERS. SOMEONE WITH COURAGE AND CONFIDENCE. I MAKE THIS PERSON THE SPOKESPERSON FOR THE TEAM WHEN ANY QUESTIONS OR CONCERNS ARISE.  
  • GOAL IS TO MAP OUT YOUR CASE IN A STORY
  • TELL A STORY FROM YOUR PERSPECTIVE
    • DO NOT ARGUE!
    • EXPLAIN WHAT HAPPENED IN A STORY FORM IN A WAY THAT IS EASY TO FOLLOW AND INTERESTING 
    • USE FUTURE TENSE. "THE EVIDENCE WILL SHOW..."
    • USE STRONG POWERFUL LANGUAGE. "WE WILL PROVE...." VS. "WE WILL TRY TO...."
    • TELL WHAT WITNESSES AND EVIDENCE YOU WILL USE TO PROVE YOUR STORY.
    • STATE THAT YOU WILL MEET YOUR BURDEN OF PROOF IF YOU ARE THE PLAINTIFF/PROSECUTION.
    • IF YOU ARE THE DEFENSE, MAKE A BIG ISSUE THAT AN INDICTMENT OR ACCUSATION DOES NOT MEAN A PERSON IS GUILTY. 
    • IN A CRIMINAL CASE, THE DEFENDANT IS INNOCENT UNTIL PROVEN GUILTY BEYOND A REASONABLE DOUBT.
    • DEFENSE SHOULD MAKE A BIG ISSUE ABOUT THE BIG BURDEN THE PROSECUTION HAS IN A CRIMINAL CASE.
    • IN A CIVIL CASE, THE DEFENSE SHOULD REMIND THE COURT THAT THE PLAINTIFF HAS THE BURDEN OF PROOF AND MUST TIP THE SCALES OF JUSTICE IN THEIR FAVOR. 
 WHAT MAKES AN OPENING STATEMENT GOOD?
KEY IDEAS
GOOD STORY
GIVE THE JUDGE/JURY A ROADMAP
LOGICAL ORDER
EYE CONTACT
MEMORIZED
   AUTHENTIC   
REMEMBER
PAINT A PICTURE FOR THE JUDGES
KEEP IT SIMPLE
DO NOT OVERSTATE YOUR CASE

Examples of Opening Statements:
OpeningStatementDefense.doc 
ProsecutionOpeningStatement.doc 



The case we are currently using:


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Wednesday, October 9, 2013

October 9, 2013


We started studying a case from the Mock Trial Program (2004).
Students divided into two teams to prepare and to later compete with each other.

The Case
We still need more students to come to Mock Trial!


Vocabulary:  Burden of Proof

Is the burden of proof on the prosecution or on the defense?
       Usually it is on the prosecution. 
       What would be an exception where the burden of proof is on the defense?
What is he burden of proof?   How would a judge explain it?