How do you make your Opening and Closing statements well-constructed?

Question

We are in high school and doing a trial. How do you make your Opening and Closing statements strong ( so that they impress the judge and jury)?

Answer 1

A trial is a storytelling contest. The side that tells the better story (and backs it up with evidence) wins.

Opening and closing statements are the framework for your story. They are the short version, the sound-bites, the talking points. You want them to be clear, simple, concise and compelling.

One trick is to use a telegram or catch-phrase -- boil your entire argument (and story) down into one short sentence. Example: "If the glove doesn't fit, you must acquit".

Remember that your opening/closing, and your entire case, is about proving your version of the story, from your perspective. Use language that conveys the viewpoint you want the jury to adopt. Take the case of Three Bears v. Goldilocks (a tort action for trespass).

Plaintiff's Opening: "A family's peace and security is shattered by a thoughtless intruder. One the night in question, this girl broke into my client's house, destroying not only their property, but also the sanctity of their home. The girl's claim of confusion is no excuse for her to ransack the Bears' house, and certainly no excuse for her to inflict such emotional distress upon this family by breaking into their home. Every time they come home, my clients will have to wonder if they are alone, have to face the fear of learning that their home has been broken into and vandalized again. Hold this girl accountable for the terror she has wreaked on this poor family."

Defendant's Opening: "A scared young child seeks shelter in an empty house. My client was lost and confused that night, out in the woods, in the cold, with nowhere to turn. She sees a house, apparently empty, and tries to see shelter from the night. That some personal items of the family were slightly disturbed is regrettable. But what would have happened if she had tried to survive outside, all alone, that night, in a forest known to be inhabited by bears? This youngster did what she needed to do to survive. Don't penalize her for that."

Same story, different spin. That's what openings are about. Closings do the same thing, except with the evidence that has been presented. It's all about selling your story, making it convincing.

Answer 2

You should key your statements to the judge's instructions to the jury. In a real trial you will always know before closing arguments what instructions the judge will give.

For instance in a negligence case the judge will instruct the jury (these are very simplified examples):

>> A person has a duty to use due care not to injure another person or property while (ex. operating a vehicle).

>> Due care means such care as reasonable in the circumstances to avoid unreasonable risk of injury

>> Driving in excess of the speed limit (failing to stop at a stop sign, etc ) is evidence of failure to use due care

>> The Plaintiff must prove that the Defendant's failure to use due care is the proximate cause of his injuries

>> "Proof" does not mean beyond a reasonable doubt, but that the evidence makes it more probable than not that a particular allegation is true

etc., etc.,

When I do a closing I generally quote verbatim or paraphrase the judge's statement & then list for the jury all the statements of the witnesses and documents that tend to prove that fact.
Or if I am defending (I do mostly defense) I show the jury just how the evidence falls short or I point out the gaps in the proof & remind them that they must "prove" every single element of their claim & that if they miss even one their whole case falls apart. I use the chain analogy -- that proof is like a chain of facts & that if one link is missing or broken (ie. if you don't believe that item of evidence) the whole chain breaks.

Answer 3

for opening statements try stating the facts that will be presented then state the law make an opinion at the end of the statement depending on which side you are say either you should find guilty or not guilty

On closing discuss the facts presented discuss the burned of proof, tie into the state statute, and then fit your side of the case

IRAC
Issue
Rule
Analysis
conclusion

also if you have access to court TV on cable you can watch actual opening and closing statements