CHAPTER 3—OPENING STATEMENT
Page 3 of 13
C. Inform and Engage: It is imperative that an opening statement capture
the panel’s attention with a compelling story. From the moment you begin
speaking, your opening statement should both inform and engage,
simultaneously keeping the panel’s attention, while giving members
factual information about the crime, the accused, and, where applicable,
the victim.
D. You Are the Author: The opening statement allows you to be the author
of the story: you choose the theme, where to begin the account, what
language to use, the point of view from which you tell the story, which
facts to emphasize, and which facts to downplay. The opening statement
allows you to create the prism through which the members will view all
the evidence. So, in the opening statement, tell the story the way YOU
want it told.
E. Humanize the Witnesses: Every case is a true story about human beings
behaving in the real world. Use the opening statement to humanize the
players as appropriate. At a minimum, this means referring to the victim
(if you are the trial counsel) or the accused (if you are the defense counsel)
by name rather than as the victim or the accused. It also means bringing
out facts that will be presented at trial that humanize the actors: jobs,
family, education, and relevant background. Counsel should fill in human
details about these individuals that will bring them to life and keep the
panel invested in the outcome of the proceedings.
F. Things to Avoid During Opening: While some military judges give wide
latitude during openings and closings, opening statement should be limited
to a recitation of what counsel believe the evidence will show. Thus, the
following will almost always be deemed objectionable:
1. Statements of Personal Opinion: Statements such as, “I think you will
find . . .” or “I believe there is overwhelming proof of . . .” are
impermissible. As a good rule of thumb, eliminate the word “I” from your
vocabulary during both opening statement and closing argument. Trial is
about the evidence, not about you.
2. Statements about Credibility: Comments—positive or negative—on the
credibility of any witness or any piece of evidence are impermissible.
Save them for closing argument.
3. Argument: Remember that you are giving the panel a preview of what the
evidence will be, not what the evidence means. While this can be a fuzzy
line, be careful not to cross it. Strive to keep things factual during opening
statement. This, of course, does not mean that you cannot make your
opening statement persuasive; but you make it persuasive by