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My 8th grade history class is renacting the trial for the Boston Massacre. I'm a defense attorney for the British and this is my opening statement: (Also, please include any tips or suggestions about it. Thanks!)

Ladies and gentlemen of the jury, we are gathered here today for the trial of five honorable men-Captain Thomas Preston, Private Mathew Kilroy, Private High White, Private William Mullcoly, and Private James Hardigan.
This is a case of five innocent men wrongly and unjustly accused of murder for the incident that occurred on March 5, 1770. These men were acting out of self-defense and meant no harm whatsoever to the Boston citizens present at the incident. Self-defense is a vital part of the law of nature and one should not be considered a murderer if one defending their life accidentally kills an innocent bystander.
Imagine being in these men’s places. Guarding post by your captain’s commands while being pelted with various harmful objects such as ice, snowballs, and clubs. An angry mob of inimical barbarians surrounding you and your comrades, shouting offending insults and taunting you by daring you to fire. This mob becomes so violent that you fear for your life. Not only are you terrified, but you are confused as well. You do not know whether to stand your ground and risk your life or to fire like a thousand different voices are screaming for you to. This is the horrifying conflict these soldiers were faced with.
Today, you are going to hear a lot of testimonies and we ask you to listen with open and compassionate ears. And to hear these men as they testify while keeping in mind that they are just as human as you are. We will prove to you that these men are 100% innocent.

2007-10-24 15:07:13 · 3 answers · asked by Bella Swan 3 in Politics & Government Law & Ethics

3 answers

Overall yes -- but my trial mentors always advised having a tag line -- a short sentence that creates the framework of your case -- that you start your opening (before "ladies and gentleman") and that you use throughout the trial -- and that you use for your closing.

Something like "Five heroic men act to defend themselves and their comrades" -- or however you want to summarize the defense position into one simple sentence, no more than a dozen words.

The same tag line or phrase -- repeated at every opportunity to drill it into the heads of the jury. Give them one simple concept to remember and to create the framework for everything else you say.

2007-10-24 15:23:49 · answer #1 · answered by coragryph 7 · 0 0

"This is a case of five innocent men wrongly and unjustly accused of murder for the incident that occurred on March 5, 1770."

Opposing Attorney: Objection, Argument.

Judge: Sustained

"Imagine being in these men’s places." And everything else in this paragraph where you say "you" referring to the jury.

Opposing Attorney: Objection, Improper Argument.

Judge: Sustained.

A good opening statement will have lots a sentences that says, "The evidence will show this, that, blah, blah." "Witness John Does will testify this, that, blah, blah, blah" Just tell them what the evidence will show. But it is improper to argue the case in an opening statement. That is what closing ARGUMENT is for.

2007-10-24 15:18:38 · answer #2 · answered by . 3 · 1 0

You could use this closing argument style as an opening argument. sometimes it could be a good strategy.

remember there were different rules in court then too, including what constituted sufficient evidence of guilt :)

2007-10-24 15:25:27 · answer #3 · answered by Barry C 7 · 0 0

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