question archive The following is an opening statement presented by the defense
The following is an opening statement presented by the defense
Subject:LawPrice: Bought3
The following is an opening statement presented by the defense. What areas would be objectionable and why?
Good morning, your Honor and respected members of the jury. Your service here today is very much appreciated. I am attorney XXXXXXXX, and I will be representing the defendant Mr. Don Adams here today. Mr. Adams stands accused by the State of Lionsville of disorderly conduct. We feel that at the end of these proceedings you will find that Mr. Adams has been wrongly accused, and that the State has failed to fulfill the requirements of proof beyond a reasonable doubt, and find it appropriate to find Mr. Adams not guilty.
The prosecution has laid out for you the charges against Mr. Adams, and how they intend to prove in this case that Mr. Adams acted in a disorderly manner during traffic stop. Under the penal code of Roar County in the State of Lionsville, disorderly conduct can only exist if it was the defendant's "intent to act disorderly". The prosecution must prove to you beyond a reasonable doubt that the actions taken by my client Mr. Adams were first "disorderly", and second that his "intent" was to "act disorderly". They will be unable to prove either of these concepts beyond a reasonable doubt.
Mr. Adams is a well-respected law professor at the State University located in Roar, Lionsville. Mr. Adams will take the stand in his own defense, as he is confident that you will see that his actions were those of any normal individual, and that he simply inquired as to "why he was being pulled over". The responsibility here rests with the prosecution to prove that he acted with intent to be disorderly. How can one reach that burden of proof when all my client did was inquire as to why he was stopped? How is this disorderly? How does this show cause to be pulled forcibly from his vehicle? Instead it appears that Officer Rush had an ax to grind with my client when questioned. Instead it appears that Officer Rush needed to assert his authority over my client and that he was the one acting inappropriately.
The defense will show that there is reasonable doubt that Mr. Adams's actions can be considered disorderly. There was no intent to act disorderly, and that Officer Rush turned into the disorderly one. At the conclusion of this case, the defense will ask that you make the right decision, the only decision, and find Mr. Adams not guilty.
