The first criminal trial of a former president of the United States turns toward opening statements this week. Criminal litigators neither win nor lose a trial based on their opening statements. But jurors will begin to form important impressions: not only of the evidence for or against the charges they will be called upon to decide, but of the attorneys themselves.
To understand the different goals and priorities of a prosecutor giving an opening statement and those of a defense attorney, we need to start with the basic principles of a criminal trial. Every defendant is presumed innocent, unless and until the evidence proves the defendant’s guilt beyond a reasonable doubt. The burden of proof rests solely with the prosecution, to the point that the defense is not required to produce any evidence at trial.
