Opening Statements in general

In general

The importance of an opening statement has been stressed by numerous experts in trial practice. It is the prosecution's first, and often most coherent, statement of the case to the jury. It will identify, as strongly as the prosecutor can make it do so, the strengths of the prosecution case. Inferentially it will expose the weaknesses of the prosecution case. Therefore, it is incumbent on defense counsel to take careful notes. These notes will assist defense counsel in making a final argument that the proof offered by the prosecution did not live up to that which was promised or may highlight the elements of the crime that the prosecution has not established.FN19

A well-prepared and presented opening statement is likely to be considered true, to some extent, by the jurors, regardless of any instructions they may receive to the contrary. As the evidence is presented, the impact of the opening statement may decrease.

Nevertheless, it is the measure against which the evidence is weighed and the framework with which the prosecution attempts to ready the jury to accept the evidence.

Any statements by the prosecution that are "inflammatory" should be noted and objected to, particularly if such might be prejudicial to the client.FN20