Trial Criminal Statement Without
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FAQ
Generally, to be admissible, the evidence must be relevant) and not outweighed by countervailing considerations (e.g., the evidence is unfairly prejudicial, confusing, a waste of time, privileged, or, among other reasons, based on hearsay).
Prosecutors and defense attorneys generally have considerable latitude in what they're allowed to say in opening statement. That said, they're not allowed to "argue" (argument is saved for closing), nor are they allow to refer to inadmissible evidence or facts they don't intend to or can't prove.
A statement is voluntary when made by a person exercising his or her free will. A statement made against a person's will in response to force, threat, or promise is not voluntary.
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. They come at the end of the trial.
In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.