From First Word to Final Say : The power of opening statements and closing arguments in trials

As the Sean “Diddy” Combs trial opens this week in New York and other trials like the murder trial of Karen Read continue outside Boston, it is vital to understand the importance of opening statements and closing arguments in a trial. Opening statements are stage-setters for what evidence the jury will receive during the trial. Some experts call them roadmaps to follow while evidence is being presented. Some say they are like movie trailers, letting the jury know what to expect as the trial unfolds. Opening statements are also a time for the prosecution and defense attorneys to try to build rapport with the jurors – building a trust factor for later trial stages. Closing arguments are the final time that both the prosecution and the defense get to speak to the jury and summarize their cases. The Prosecution reviews the evidence that was presented and tries to convince the jury that the defendant is guilty of each element of each crime. The defense does just the opposite by pointing our flaws in the prosecution’s case and trying to convince the jury that there is “reasonable doubt” whether the defendant is guilty. Both the prosecution and defense face the same challenge – how to make their statements and arguments engaging and attention grabbing for a jury. The average adult American attention span varies between 8 and 40 seconds, according to recent studies. On this episode of Next Witness…Please, retired judges Gayle Williams-Byers and Thomas Hodson give insights into the world of opening statements and closing arguments. They give you’re a prosecutor’s perspective, a defense attorney’s view, and explain problems that may confront a judge in a contentious trial. They explain the process using concrete, understandable examples spiced with a bit of humor.