Opening statement for prosecution

From HORSE - Holistic Operational Readiness Security Evaluation.
Jump to navigation Jump to search

Opening statement for prosecution

The prosecution's opening statement will outline the forthcoming witnesses and evidence. It should not attempt to articulate the law, though it may be phrased in terms of the law. More commonly, as employed by the prosecution, it will attempt to take the form of a smooth-flowing story that dramatizes the prosecution's case. To be legally sufficient, however, it must establish a prima facie case.FN21 Prior to the opening statement, the judge will usually inform the jury that statements of counsel, including the opening statement, are not considered evidence. Counsel should make a motion for such an admonition if one is not given by the court, unless precluded by local practice.