the case is about this guy that drank and drove and got in an accident and killed the passenger but the breaks werent working but he was speeding in the first place how should i open my statement?
2006-09-24 11:21:18 · 7 answers · asked by Girl 2 in Politics & Government ➔ Law & Ethics
1. You introduce yourself & tell them you are the prosecuting attorney. 2. You introduce the defendant his attorney and tell the jury what the defendant is legally charged with. (presumably manslaughter). 3. You then tell them the elements of the crime of manslaughter & tell the jury that you will introduce evidence to show that Mr (Defendant) committed the crime of manslaughter by: (relate the facts constituting the crime). 4. You conclude by telling them that once they have considered all of the evidence and have heard the closing arguments and the legal instructions of the judge, you believe they will find the defendant guilty. 5. About the defense that the brakes were not working: It is not necessary that you bring this up at all. There are differing views on how desirable it is to anticipate affirmative defenses. By doing so you may be giving it more credibility than it deserves. You might say something like: "During the trial you may hear evidence of defective brakes, but I believe the evidence will show this was not the primary cause of Mr. (Victim's name) death." Then you will have mentioned, but not emphasized it. And the jury will be ready for your closing argument when you point out that even if the brakes did fail; if the defendant had not been drinking he could have (realized they had failed) and (b) taken evasive action to avoid killing the victim; and therefore it was his drinking that was the cause.
In your opening statement or at any time during the trial do not ever express your personal belief in the Defendant's guilt; that is entirely improper & will lead to a mistrial & in real life would get you removed from the case (& maybe your job). You can express your belief in what facts the evidence will show or prove; but not in the ultimate question of guilt. Also do NOT engage in the histrionics that others here have advised. That silliness is strictly for bad televison. It is not only legally improper but jurors get turned off by it. Even in mock trials jurors take their jobs seriously and resent prosecutors whom they believe is trying to be unfair or manipulate them. A prosecutor represents the power of the state; S/he should be strictly professional; calm and conservative in appearance & conduct.
2006-09-24 12:54:30 · answer #1 · answered by Anonymous · 1⤊ 0⤋
"Hello ladies and gentlemen. Today I come before you not in a matter of right or wrong rather I come to you in sake of simple human decency and justice."
Now that you have every ones ears open due to your clever word play you describe in the most horrific way possible the events (while sticking to the truth). You need to illicit sympathy from the jurors, a few ways that you can do this is by focusing on all of the pain and suffering that the wife/husband, children, friends, etc. will have to endure for the rest of their lives because of the defendant. Be sure to state that the the decease did not plan or consciously make the decision to die but to the contrary the defendant made the decision to drive incapacitated.
Finally you will end your opening statement with something to jab their memory throughout the entire trial process. Something as simple as: " If it were you going on about your business, abiding by the law and in an instant your life was gone due to the carelessness of a speeding, drunken driver (emphasize speeding and drunk whenever you can), would you not want your unlawful death to be avenged, if not for you, then at least for the closure and state of mind for the loved ones left behind to grieve?
2006-09-24 11:47:41 · answer #2 · answered by Anonymous · 1⤊ 0⤋
State what you intend to prove.
1. The defendant was legally drunk.
2. He was driving.
3. He was speeding.
4. These caused the collision (not accident) that killed the passenger.
Because you expect the defense to mention the breaks, you should bring them up first. They would not have caused the collision, had the defendant not been driving drunk and speeding.
2006-09-24 13:15:52 · answer #3 · answered by STEVEN F 7 · 1⤊ 0⤋
you are the prosecutor, so you need to open with a statement that tells the jury what you believe to be true, and what you are going to show them so that they believe it also.
Tell them that you will show them, beyond a reasonable doubt, what they need to know in order to find the defendant guilty. And, then set about showing them just that.
2006-09-24 11:24:12 · answer #4 · answered by loubean 5 · 1⤊ 0⤋
ladies and gentlemen of the jury: the limit in the state of Florida is point O 8 the defendant registered point 2 3, almost TRIPLE the legal limit. thank-you.................and then sit down thirty words, about 15 seconds
2006-09-24 11:39:16 · answer #5 · answered by Anonymous · 0⤊ 0⤋
make timely disclosure to the defense of all evidence or information ... that tends to negate the guilt of the accused or mitigates the offense."
2006-09-24 11:32:18 · answer #6 · answered by mysticideas 6 · 0⤊ 0⤋
emphasis that the Defendant's failure to testify is indicative of his guilt; after all, the guilty man has nothing to hide, right?
2006-09-24 15:42:53 · answer #7 · answered by Top 99% 3 · 0⤊ 0⤋