Opening statements are the most important part of a trial – as lawyers in Trump’s hush money case know well

• Such was the case in the hush money trial involving former President Donald Trump and alleged payments to porn star Stormy Daniels when lawyers for both sides presented their opening statements on April 22, 2024, in New York.
• “Then he covered up that conspiracy by lying in his New York business records, over and over and over again,” Colangelo said.
• Academic psychologists tell us that between 65% and 75% of jurors make up their minds about a case after the opening statement.
• It is vitally important, then, for lawyers on both sides to start their opening arguments with a bang.

The psychology of jurors

• If the idea is to win over the jury by the end of the lawyer’s opening statement, how, in practice, is that done?
• Trial lawyers steeped in the research know that juries respond to a well-considered theory of the case, punctuated by a pithy theme.
• Often the theme is the first sentence out of the lawyer’s mouth, followed by a fuller description of the theory.

• It’s called democracy.” Though prosecutors have tried to put a “sinister” spin on this, Blanche said jurors will learn it’s not a crime.
• In each example, the jury is given enough information to frame the evidence they will hear throughout the trial.
• They set the tone and offer the jury a framework to understand the upcoming months of testimony they are about to hear.

Ronald S. Sullivan Jr. does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.