TD 1 – Opening statements, closing statements

TD 1 – Opening statements, closing statements

Class 1 – Grammar work

1er exercise

1. I want you to understand that this man is pure evil.
2. She expects me to pick up the phone even in the middle of the nigh
3. 15 years ago, Nicolas Sarkozy required French people to work more to make more money

2ème exercise

1. The accused’s lawyer painted a relatable portrait of his client.
2. In 2019 she killed her husband, and she hadn’t expressed any remorse ever since.
3. This woman wakes up every day to cook breakfast for her children. But yesterday she didn’t.

3ème exercise

1. He is about to tell you a sad story but don’t get fooled.
2. He is making references and hints because he couldn’t present strong evidence yet.
3. Did you ever get scared for your own children.
4. Have you ever heard testimonies; you know the evidence: now it’s your turn.
5. He paints events in an even more dramatic and devastating way that they had been.
6. He resorts to emotional blackmail because any juror would sympathize with a helpless child.

TD:

1. Preliminary questions

1/

The opening statement is the lawyer’s first opportunity to address the jury in trial. Generally, the party who bears the burden of proof begins the opening statement, followed immediately after by the adverse party. Closing argument are the opportunity for each party to reminds jurors about the key evidence presented and to persuade them to adopt an interpretation favorable to their position.

2/

1. Questions

1/ “Picture in your   mind”

2/ For humanizing the client, while also telling the story

3/ He recounts her life and the good things she has done? He recounts his family life to soften the jury. She appears as “all-American’ mother” because she’s a good mother with children.

4/ To focus the jury. The world ends significate the sound of the police in a peaceful life.

5/ He says that the family is broken. That’s the world ends for his family. He takes the jury by the guts saying his family is broken and the mother is left with only these children.

6/ He calls into question the errors of justice, which wants to snatch the mother of her children when she has already lost her husband. But he does not talk about the reason why she should be deprived of it and his behavior.

7/ Because he wants the answer to be quick, he wants to show that the closing statement will not take long to come because the evidence he has is obvious.

8/ That the woman is not guilty.

1. What are the characteristics of this statement? What strategy does the lawyer use?

The characteristics: the closing argument provides a summary of the case and is intended to persuade the jury to render a verdict in favor of the attorney’s respective client. No new evidence can be introduced during the closing argument, as it is a summation of the current case. It is the Last chance for both parties of said debate or trial to state their argument, and hopefully affect the verdict or outcome in their favor. To save his client, the lawyer uses his last chance:

Strategy used:

• He walks to captivate all the jury
• He talks slowly
• He looks at the jury
• He asks rhetoric questions
• Emotional blackmail

TD 2 – The right to remain silent + chain of causation

Grammar work

1. Interrogative form

1. Does she understand her rights?
2. Have you ever killed anyone? 
3. Do you want to remain silent or talk to us?
4. Since when do you have a girlfriend?

1. Conseils/reproches

1. You should clear your conscience and tell the truths
2. You shouldn’t have said “yes”: now you have confessed to a double murder
3. He should not open his mouth before the attorney show up
4. I should have not taken the 5th instead of trusting this inspector, but I was desperate

1. Translate

1. Just because I have said yes doesn’t mean I gave up my right to keep silent.
2. We want to avoid judicial mistakes and ensure a fair trial.
3. The notions of legal certainty and the rule of law are essential in a democracy. 
4. I don’t want his statement invalidated on a procedural flaw.
5. I pray to God every day to forgive me for killing these people.  

TD  

1. Preliminary questions

1/ 

• You have the right to remain silent  
• Anything you say can and will be used against you in a court of law
• You have the right to talk to a lawyer and have him present with you while you are being questioned
• If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish
• You can decide at any times to exercise these rights and not answer any questions or make any statements  

2/ 1963: Ernesto Miranda, 22, was arrested in Phoenix for the kidnapping and rape of an 18yo woman. 

He was identified in a police lineup, so there is no doubt that he was guilty 

For 2 hours, Miranda was aggressively interrogated by the police 

Then, he signed a written confession of guilt         

Case is closed perfect 

Police cheated  

The problem was that the police didn’t read him his rights until after he had confessed  

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