OBJETIVOS ESTRATÉGICOS Y ACTIVIDADES ESPECIFICAS

In order to embrace the attention of the jurors and inform them about the case, develop a theme that can continue from opening through closing.

Prosecutors can develop many themes to help organize and communicate the state’s side of the story. To develop a theme, a prosecutor should condense the entire case down into a short statement. Use this statement as the introduction to your opening. A theme helps jurors relate to your side of the case throughout the entire proceeding. Example:

“Just say no.” On January 1, 1999, Dan Drunkard, the defendant started out the New Year by “Just saying no.” The defendant said NO to his

girlfriend who asked him not to order any more drinks. The defendant said NO to his friends who offered him a ride home from the party. The

defendant said NO to Officer Winters who requested he take the breath test. Lastly, the defendant said NO to little Amy Johnson being able to celebrate her next birthday.

Other themes:

! Party time

! One drink at a time

! Rolling party

! Choice and consequences

! Afternoon party delight Tell A Story

Use a narrative approach to tell the jury the facts of the case. This narrative can be from the viewpoint of an outsider who watched what

occurred and is reporting back to his friends, the jurors. The narrative can be from the viewpoint of the victim or the police officer. Evaluate your case and decide what would be the most effective format for you to employ in each individual case. Remember to only include that which you can prove through the introduction of witness testimony or real or physical evidence.

Eliminate the use of phrases such as:

! The evidence will show. . .

! Mr. Jones shall testify. . .

! Whatever I say is not evidence, but the witness will tell you . . . By eliminating the use of these phrases and telling a narrative story, the opening statement becomes more persuasive.

Prepare

! Know The Facts

Review the facts and know who can testify to prove the elements necessary. If the prosecutor fails to prepare and misrepresents the facts to the jury, the bond established during voir dire can break and trust will disappear.

! Know The Legal Issues

If at all possible, resolve all legal issues concerning the admission of chemical test results, statements, standardized field sobriety tests results, prior convic-tions, and any other issue that may affect your case prior to trial. Remember, never promise the jury evidence that you cannot produce. For example, to blurt out the chemical test result was a .20 without being positive of the admissibility of such result may lead to objections from the defense, and the possibility of a mistrial.

! Organize

Decide how you are going to present an organized and

understandable case. Remember, during opening statement, your emphasis should be on your theme. This may be achieved through several methods of organization. Organize your opening in

chronological order, topic by topic, or a combination of the two. A prosecutor who does not organize his thought process, may lose his train of thought and in turn lose the jurors’ attention. It is also

important for the jurors to be able to follow the flow of the case.

Without organization, this cannot occur. More importantly, you can

lose your credibility with the jury by being unorganized.

Communicate Effectively

! Use Simple Language

Do not use legalese. For example, say the police officer got out of his car instead of exited his vehicle.

! Use Voice Inflection (The Orator’s Most Powerful Tool)

Raise and lower your voice to emphasize the important parts of your opening. Draw the attention of the jurors to your words by using voice inflection. Do not use a monotone voice. You will lose the jurors’ interest.

! Be Aware Of Your Gestures

Find a way to use body language to your advantage. Videotape

yourself and review the result of your work. It is amazing how fiddling with the change in your pocket or snapping the lid of your pen calms you but irritates everyone else. Be careful not to be too

melodramatic. Do not make it appear to the jury you are acting. Be sincere.

! Be Careful With Quotations

Almost never quote your own witness in opening statements. Do not be afraid to quote the defendant’s statements documented within police reports or notes. Sometimes defendant’s statements can lead you to your best themes. For example, “Man, I didn’t think I was that drunk!” or “I only drove because I was less drunk than she was!”

! Do Not Use Notes (Whenever Possible)

Never read from or memorize the notes. If you need notes, use them as little as possible. Try not to carry notes with you. Leave notes at the podium or counsel table and refer back to them only as needed.

Remember to keep to the theme.

Use Exhibits

Jurors love to view exhibits that clarify the facts while you are speaking.

Pictures of the crash, diagrams of the intersection, or evidence seized, such as beer cans, will reinforce your opening statement. In addition, viewing the exhibits helps the jurors retain the important issues presented.

Preparation of the exhibits helps the prosecutor become more familiar with his own case. Evidence that can be fairly admitted into trial may be used during opening statements. When in doubt obtain prior judicial approval before using evidence which may not be admissible.

B. Continue The Education And The Rapport With The Jurors