No the defense attorney will cover that in THEIR opening statement. Every trial attorney's opening statements are unique to them. It is almost a trademark of their ability to operate in a trial atmosphere. There is no information required by statute, that MUST be covered in an opening statement, therefore the attorney may be as wide-ranging as they wish (within the bounds of offense being tried.) The prosecutor will tell the jury what the case is about and what they believe the evidence will show that will convince the jury to convict the defendant. They MAY allude to the testimony that will be offered by the defense but that is all.
The prosecutor makes the first opening statement. The defense follows with its opening statement after the prosecution states its case.
WRAL Murder Trials - 2003 Jason Williford Prosecution's Opening Statement was released on: USA: 16 May 2012
It depends on how it is being used. My friend, Attorney Jane Hill, went to lunch with me. Attorney Jane Hill, the lead prosecutor, gave the opening statement. Attorney Jane Hill led the defense in the case.
The prosecution puts its case on first by calling their first witness to testify. The defense presentation follows the prosecution's presentation.
During opening arguments the prosecution presents theirs first, they will explain to a jury all of the circumstances of the case and explain what they will present to prove all of the evidence along with the type of testimony for the jury/judge to expect from any scheduled witnesses. The defense can present an opening argument at that time or they can reserve the option until after the prosecution presents their case. If the defense chooses to proceed with the opening they will explain why the Prosecutions case will be flawed, and what witnesses the defense will present to rebut the testimony of the prosecution witnesses.
During opening arguments the prosecution presents theirs first, they will explain to a jury all of the circumstances of the case and explain what they will present to prove all of the evidence along with the type of testimony for the jury/judge to expect from any scheduled witnesses. The defense can present an opening argument at that time or they can reserve the option until after the prosecution presents their case. If the defense chooses to proceed with the opening they will explain why the Prosecutions case will be flawed, and what witnesses the defense will present to rebut the testimony of the prosecution witnesses.
Opening statement: APEX
WRAL Murder Trials - 2003 Grant Hayes Defense's Opening Statement was released on: USA: 29 August 2013
WRAL Murder Trials - 2003 Jason Williford Defense's Opening Statement was released on: USA: 16 May 2012
You can refer to the judge as Judge or Your Honor. You would start by greeting them and then you speak in the third person if you are the defendant representing yourself. "Good morning Your Honor," The defendant in this case is charged with (insert crime here). The defense will attempt to show that: (and you put your strategy here.) Keep in mind that you dont have to give an opening statement. In most cases before a judge, the prosecution waives the statement and the defense follows with no statement. The judge then informs the prosecution that they can proceed to call their first witness. KEEP IN MIND THAT YOU CAN ONLY ASK QUESTIONS! When you are allowed to cross examine, you must only ask questions!! IF you make one statement to the witness, the prosecution will object and you will be over ruled and you risk making the case weak.
WRAL Murder Trials - 2003 Jason Young Murder Trial Defense Attorneys' Opening Statement was released on: USA: 7 June 2011
The judge gives the speech is not a true statement about opening arguments. During opening arguments both sides of the case are given by the prosecutor and the defense lawyer.