When the FBI Comes Calling…®
THE FEDERAL CRIMINAL TRIAL (Continued)
Opening Statements
After the jury is successfully empanelled, it is time for opening statements. The government goes first, laying out what it thinks the evidence will show. It must be very careful not to make arguments during the opening statements, and anything that is said during the opening statements cannot be treated as evidence.
Opening statements can last a very long time. In some cases, each party may have two hours. In other cases, the opening statements may be shorter. It depends on the time alloted by the judge.
After the government makes its opening statements, it is time for the defense to make opening statements. The defense can elect to make its statements at this point, or it can wait until the government finishes its case-in-chief. The choice depends on what works better strategically for the defense; if the defense feels that the prosecution can't prove anything and has a weak case, it may decide to wait. If the case might be closer and might require a little more empathy from the jury, the defense may elect to make its opening statements immediately after the government.
During the defense's opening statements, it may try to refer to the government's statements to put them in a fuller context, or it may elect to state that the evidence will show that the defendant didn't commit the crime. There is no one way to make an opening statement, as evidenced by the recent Enron trial where Jeffrey Skilling elected to argue that the evidence will show that no crime was committed, while Ken Lay elected to highlight his childhood and his contributions to the community.
After the opening statements, the trial really begins.