What to Expect after Jury Selection
Hi, I’m Oklahoma attorney Stuart Ericson. After a jury is selected, the judge will read some introductory legal instructions as to how they are to conduct themselves in the jury trial. Some judges allow jurors to take notes, some do not. And then once that is done, each side gets to give an opening statement. Now, they have the burden of proof, so they go first.
An opening statement in a jury trial is where it’s kind of like a preview of the evidence. It’s not supposed to be an argument because, of course, there is no evidence even introduced in a trial yet. So it’s supposed to be kind of a framework or an outline or a preview of what’s to come, what you intend to prove, and all of that.
Now, from the defense’s point of view, the defense can give it right then and there in the beginning, or they can waive it and give it before they start your testimony, which would be after the state is done. I generally like to give my opening statement right after the state in the beginning because I want to have my say.
The Importance of Opening Statements
I mean, the jury is going to hear everything from the state right off the bat. I mean, their tendency is probably to believe some of it. So I want to be able to give my preview, my opening right then and there. So hopefully the jurors are thinking, all right, we’ve got two different things going. I better listen to the evidence and see which ones, you know, I just need to listen to all the evidence and keep an open mind.
In my opening statements, I definitely give a preview of what I think the evidence is going to show. And if there’s any chance for me to slip in a little argument, which the state generally tries to as well, you know, I will do that. And if the state gets too far into truly making argument-type stuff, like closing argument stuff in the beginning, I will object.
The Significance of Every Stage
Every stage of a jury trial is important, especially the beginning because that’s when the juror, the jurors are making their first impressions of the attorneys, of what the evidence may or may not be, and all that.
If you have any questions about a jury trial, reach out to me, Wagoner criminal defense lawyer Stuart Ericson at wagonerlawyer.com.
