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My school is doing a mock trail. I have been chosen as the defense attorney and was hoping I could get some tips! Basically my clients are being charged w/ first degree murder, but they is a small piece of evidence proving it might have been self defense. REAL LAYWERS ONLY..... any tips of the game?

Such as...

1.Opening statement (Main goal to try to accomplish)
2.Interviewing witness/ accused.
3.ANY MORE HELP IS GRATEFUL!!!!

2007-10-17 12:07:41 · 2 answers · asked by katie_bug77259 2 in Politics & Government Law & Ethics

2 answers

Opening statement -- and closing -- remember that you are telling a story -- you are trying to convince the jury of your version of the facts -- and the better you can tell that story, the better your chances of winning.

Example: lawsuit of Three Bears v. Goldilocks, for trespass and home invasion, and damage to property

Plaintiff Opening -- A careless woman shatters the sanctity of a private home. This is a story about a family terrorized by a young woman, who broke into their home, and destroyed not only food and furniture, but the very concept of security that they cherished.

Defense Opening -- A frightened child seeks shelter in an apparently empty house. Imagine it growing dark, a small girl lost in the woods, coming upon this house -- seeking shelter from the night -- and yes, sleeping in a bed and eating some food -- because she was desperate and scared and trying to stay alive.

Same story -- very different spin -- and whichever story the jury belives -- that's ultimately who is likely to win.

The rest is playing the defense game -- reasonable doubt -- you don't need to prove that it was self defense -- only that it reasonably could have been. Make your witnesses seem confident and believable -- make the prosecution witnesses look confused or vindictive or shady.

2007-10-17 12:26:11 · answer #1 · answered by coragryph 7 · 1 1

As a defense attorney all you have to do is introduce reasonable doubt into the minds of the jurors. Unless each juror can say without a doubt that the defendant did it, he walks.
Make sure the jury is aware of this. The plaintiff actually has the harder job, because he/she has to prove beyond a reasonable doubt that the guy is guilty.
Discuss this in your opening statement. "Reasonable doubt" is a popular angle for many defense cases.
When you question the witnesses, try to point out holes in their stories. Insist on exact details, such as time of day. If they can't be as specific as possible, make it known that they are unsure.
Whatever you can do to introduce reasonable doubt will work to your benefit.

2007-10-17 12:14:26 · answer #2 · answered by Matt 4 · 1 0

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