Most criminal cases are tried before a jury of your peers. Criminal defense lawyers must have the skills and experience to handle each phase, including the opening and closing statements to the jury. You’ve probably seen TV lawyers and lawyers in the movies make opening and closing statements. The ways the prosecutor and your defense lawyer present the opening and closing statements in a Maryland state or federal courtroom are different. The statements must comply with the Maryland or federal rules of criminal procedure.
What are opening statements in a criminal case?
Generally, the prosecutor presents their opening statement first because the government has the burden of proof to show a defendant is guilty beyond a reasonable doubt. Usually, the defense lawyer gives their opening immediately after the prosecution gives their opening statement. Your defense lawyer can also wait to present their opening statement until the prosecution presents all their testimony and evidence. The prosecutor or the defense lawyer can decline to present an opening – but that rarely happens.
The opening statement provides a background of what the prosecutor and defense lawyer intend to prove when each side presents its evidence. Its aim is to help the jury focus on the key issues in the case and create an impression on the juror of the government’s or the defendant’s positions.
The opening statement is not an argument. It generally does not include legal arguments, such as whether the defendant acted with intent or whether the police had grounds to arrest the defendant.
An example of an opening statement by the prosecutor is to explain who will testify (such as a police officer and a lab technician who examined any drugs that were seized), what that person will testify about, what documents or evidence will be presented, and other factors. The defense lawyer’s opening statement will similarly explain who may testify and what their testimony will be about.
What are closing statements in a criminal case?
After each side presents their evidence, each lawyer cross-examines witnesses (such as when a defense lawyer attacks a police officer’s credibility), and any rebuttal evidence is presented – the prosecution and the defense will present their closing arguments. The order of the presentation is generally reversed, which means your defense lawyer will present their closing statement first. Then, the prosecutor will present the government’s case – again, because the prosecutor has the burden of proof.
The closing arguments are each lawyer’s chance to summarize the evidence presented at the trial and argue why that evidence supports the finding the lawyer wants. The prosecutor wants the jury to find the defendant guilty. Your defense lawyer wants the jury to find you/the defendant not guilty. Not guilty means that the prosecution cannot prove your guilt by a reasonable doubt. The jury does not have to find you innocent – just that you’re not guilty.
In the closing arguments, each lawyer can also discuss evidence that the jury heard during the trial and the instructions the judge is likely to give the jury about how to decide the criminal case.
A skilled criminal defense lawyer will focus on many aspects of the case, including:
- Pointing out any flaws or defects in the government’s case, such as the fact that the government did not prove each element of the offense.
- Explaining why one or more witnesses for the government lack credibility
- The government has not met its burden of proof based on the evidence presented and the law that applies to your charge (such as a Maryland DUI statute).
After each side makes its closing arguments, the judge will instruct the jury about how to deliberate. The jury will then decide the defendant’s fate and present their conclusions to the judge, the prosecution, the defendant, and the defendant’s lawyer.
Suggestions for effective opening and closing statements
The American Bar Association recommends that criminal lawyers use the following recommendations when giving statements to a jury. We follow those recommendations.
- Communicate your version of the case with the jury at the voir dire. Voir dire is the process that selects the jury for the case.
- Establish credibility. Beginning with the opening statement, show sincerity, understanding of the facts, likability, and confidence. We make sure we can deliver what we say in our opening statement.
- Address unfavorable issues directly. It’s generally better to address negative issues yourself if you know that if you don’t, the other lawyer will.
- Make your presentation clear to the jury. The opening statement should be simple, compelling, and, most of all – clear.
- Think through what the opposition will say. Lawyers should prepare for the defenses and arguments the other side is likely to assert in their openings and closings.
- Be personal. Our skilled criminal defense lawyer makes eye contact with the jurors. We know how to be friendly and conversational in the opening statement and forceful and persuasive in the closing statement.
- Have the closing ready before the trial. A seasoned criminal defense lawyer understands the evidence and arguments likely to occur before the trial starts. Our defense lawyer prepares the closing in advance and makes adjustments when necessary. We engage the jury when presenting closing arguments – we don’t just read the closing statement.
Our experienced criminal lawyer also understands where our client is likely to win or lose the case and addresses those issues forcefully.
At Drew Cochran, Attorney at Law, we’ve been fighting for criminal defendants in all types of criminal charges for more than 20 years. We have the skills and experience to represent defendants from the initial arrest through closing statements of a jury trial. We prepare each criminal case with an eye and an ear toward what will be persuasive to a jury. To assert your defenses and speak with an experienced trial lawyer, call me or fill out my contact form to schedule a consultation.
And Remember! Keep Calm – and Call Drew.
