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My client has been charged with attempted school bombing. The person who accused her is a school bully, which is proven with several witnesses, and possibly might have set another person up for a crime.

However, the client told the bully that she would "get him back" and has art depicting the bully in flames. Then again, she is an artist and was told to express herself with art.

What should my opening statement cover in regards to my witnesses and evidence?

My witnesses are a psychologist who vouches for the bullying, a scientitist who says the bomb was poorly constructed, and a friend who says the defendent would never do such a thing and hints at the bully's history of setting up people.

The evidence is the chemicals found at my client's house (commonly used chemicals) and the fact that no fingerprints were found on the bomb.

I'm the attorney for defense.

2007-01-05 17:07:33 · 4 answers · asked by fire 1 in Politics & Government Law & Ethics

4 answers

First thing you should do is remain calm, as I am guessing that you are a law student. Highlight the facts as they are given. no fingerprints on the bomb. the accuser being a bully. statements attesting to past behavior of the bully. no chemical patterns consistent with the bomb found on your client. invoke the first amendment right of free expression for your client. put forth questions on the reliability of the lab tests conducted against your client. being willing to call in anyone who is intimately familiar with your client and her behavior, mind set, past behaviors when threaten by someone, teachers, other students, parents, and lastly intimate you MIGHT put your client on the stand to tell her story. always question the evidence especially lab evidence. juries rely more on labe and eywitness evidence than anything else. I know I have argue similar cases both in trial and in pst trial proceeding even though I do not have a law license. good louck and let us know how it turned out pls.

2007-01-05 23:30:44 · answer #1 · answered by David A 2 · 0 0

You should always start any legal argument (even for a Mock trial) with "May it please the court", wait for a nod, introduce yourself and then begin speaking.

You should begin with a brief overview of your argument, stating much of your argument and little of your facts (as they've already been laid out before the judge(s)). Similar to an introductory paragraph, state your main arguments for the trial and then go ahead and get into the details of your case.

Try to speak slowly in case you get interupted by the judge with a question, you don't want it to look like you're ignoring them or being too hasty. If it's something that you've planned to get to later on in your brief, state your answer quickly and say that you'll explain it in just a moment.

Good luck!

2007-01-06 01:12:42 · answer #2 · answered by Anonymous · 1 1

your opening statements should be about freedom of expression. hammer this very hard also go into freedom of expression of artists and they were convicted tortured and killed thoughout history. you have to divert this trail away from what the prosecution wants and that is to pigeon hole your client. you have broaden the scope and bring the bully into focus. bullies are traditionally liars and untrust worthy. you have to get him on the stand and rip him a new one. as far as the chemicals go you have to cast this into doubt due to the fact these chemical can be used. did they check her person for chemical traces..no total baloney maloney. tear em up girl

2007-01-06 01:24:11 · answer #3 · answered by miller4000 2 · 0 1

Your opening statement should say something about your lack of competence to be representing your client. I sure as hell hope you aren't a real attorney. A real attorney would never ask this type of question.

2007-01-06 01:12:22 · answer #4 · answered by edward v 1 · 2 1

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