Texas Jury Instruction - Preliminary Instructions Before Opening Statements - Long Form
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FAQ
The prosecutor makes an opening statement first because the Government has the burden of proving that the defendant committed the crime.
Article 38.23 reads: (a) No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case.
The opening statement should not contain argument; rather, it should be a factual statement that lasts from 10 to 30 minutes.
The trial begins with the opening statement of the party with the burden of proof. This is the party that brought the case to court--the government in a criminal prosecution or the plaintiff in a civil case--and has to prove its case in order to prevail. The defense lawyer follows with his or her opening statement.
An opening statement is made by the attorney for the plaintiff. The attorney for the defendant may then make an opening statement. The purpose of opening statements is to outline to the jury what each side contends the evidence will establish. A general idea of what the case is about is thus presented to the jury.
Texas's exclusionary rule Texas has its own unique exclusionary rule in Article 38.23, one that is in many ways more stringent than the federal rule upon which it is generally based. Under Article 38.23, any evidence that is unlawfully obtained must be excluded.
Opening Statement Opening statements include such phrases as, ?Ms. Smith will testify under oath that she saw Mr. Johnson do X,? and ?The evidence will show that Defendant did not do Y.? Although opening statements should be as persuasive as possible, they should not include arguments.
(a) No oral or sign language statement of an accused made as a result of custodial interrogation shall be admissible against the accused in a criminal proceeding unless: (1) an electronic recording, which may include motion picture, video tape, or other visual recording, is made of the statement; (2) prior to the ...
The prosecution goes first, followed by the defense and a rebuttal by the prosecution. Because the prosecution has the burden of proof, it gets the final word. After the closing arguments, the judge will give the jury its final instructions.
The opening statement is a lawyer's first opportunity to address the jury in a trial. Generally, the party who bears the burden of proof (plaintiff in a civil case or prosecution in a criminal case) begins the opening statements, followed immediately after by the adverse party (defendant).