How Attorneys Make Opening Statements in New Jersey Criminal Trials

How Attorneys Make Opening Statements in New Jersey Criminal Trials

So your client is headed to trial in New Jersey and you need to make an opening statement. This critical first impression can set the tone for the entire trial, so it’s important to do it right. As an attorney practicing in New Jersey, there are some key things to keep in mind when crafting your opening.

What is an Opening Statement

An opening statement is simply an opportunity for both the prosecution and defense to outline for the jury what they expect the trial evidence will show. It allows you to provide the jury with a roadmap of your version of the facts and why your evidence supports your client’s innocence or guilt.

While openings can vary in style and approach, most criminal defense attorneys aim to use the opening to establish their theory of the case, personalize the client, highlight flaws in the state’s case, and preview your key evidence. It’s also your first chance to start persuading the jury to see things your way.

Painting a Picture

Since openings come before any evidence is presented, this is your chance to paint a clear picture of your version of the facts for the jury. You want to tell a compelling story that sets up your case and hooks the jury.

Use vivid, descriptive language to help the jury visualize the scene and transport them there. For example, setting the scene of the crime, showing where people were standing, describing what your client saw and felt. This makes it come alive for jurors.

Sprinkle in key details and evidence that you’ll expand on later. But don’t get bogged down going through every detail – save that for closing arguments. The goal here is just to give them the broad strokes of your case theory.

Personalizing Your Client

In a criminal trial, your client can often feel like just another defendant. Use your opening to change that perception by personalizing them.

Give the jury a glimpse into who your client is as an individual – their background, interests, family situation, education, work history, and passions. This helps humanize them and makes them relatable. It also starts generating empathy which can be critical for the defense.

Be sure to tie any personal details or anecdotes back to your legal theory or themes. The goal is to use their personal story to reinforce your key points.

Previewing Your Key Evidence

While you don’t present evidence in openings, you do want to preview the major evidence that supports your version of events. This gives the jury insight into the core evidence they can expect to see that backs up your case theory.

When foreshadowing evidence, be selective. Only highlight your most compelling evidence that proves your claims or contradicts the prosecution. This could include things like:

• Incriminating witness statements
• Physical evidence like weapons, DNA, or fingerprints
• Expert testimony
• Alibi evidence showing your client wasn’t there
• Credibility issues with state witnesses

Attacking the Prosecution’s Case

In addition to previewing your own evidence, many defense attorneys use openings to highlight flaws or inconsistencies in the prosecution’s case. Pointing out things like contradictory witness statements, improper police procedure, lack of hard evidence, or questionable credibility of state witnesses can plant those first seeds of doubt in jurors’ minds.

Be careful here though – you don’t want to come across as aggressive or attacking towards the state witnesses this early on. It’s usually more effective to ask rhetorical questions or express disbelief at inconsistencies rather than launch accusations at this stage. Those direct attacks can come later in cross-examination.

Establishing Your Legal Theory

Throughout your opening statement, you’ll want to consistently reinforce your legal theory or theme of the case. This overarching theory forms the backbone of your defense and should connect all the dots for the jury.

Some examples of common criminal defense theories are:

• Misidentification: My client was mistakenly identified and is the wrong person
• Alibi: My client was definitively elsewhere at the time the crime occurred
• Self-defense: My client’s actions were legally justified self-defense
• False allegations: The charges were fabricated for revenge/money/leniency
• Lack of intent: The prosecution can’t prove my client intended to commit this crime

Ideally you want to establish this theory in your opening then have it flow through witness testimony, evidence presentation, and closing arguments. This creates a consistent narrative for jurors to follow.

Dos and Don’ts

Here are some key dos and don’ts to keep in mind when making your opening statement in a New Jersey criminal case:

DO:

• Use a conversational, earnest tone
• Tell an interesting, persuasive story
• Keep it simple – stick to your key points
• Make eye contact with jurors
• Refer to evidence you’ll be presenting
• Outline weaknesses in the state’s case
• End with a memorable takeaway

DON’T:

• Make arguments (that comes later)
• Present evidence or call witnesses
• Raise objections
• Discuss legal precedents or case law details
• Quote exact statutes or codes
• Attack or accuse state’s witnesses
• Make guarantees about the outcome

Objections During Openings

The other side may object if you go too far astray during openings. Some common objections include:

• Arguing – Making arguments vs. factual statements
• Misstating evidence – Misrepresenting expected testimony/evidence
• Testifying – Testifying or asserting facts not in evidence
• Relevance – Discussing irrelevant facts or law

If the judge sustains an objection, simply clarify or rephrase your statement and move on. Don’t get rattled or start debating the ruling. You’ll have a chance to clear up any confusion on redirect.

Conclusion

An effective opening statement requires balancing many elements – storytelling, persuasiveness, brevity, factual accuracy, and more. It takes practice to find the right formula. The better you know the facts and anticipated evidence in your particular case, the better positioned you’ll be to deliver a compelling roadmap for the jury. With a well crafted opening guiding them, you’ll have jurors leaning your way from the very start.