开场陈述 opening statement

指律师在庭审开始时，出示证据之前向陪审团就案件性质及预计提供的证据所作的简要陈述，其目的在于使陪审团对案件事实及所涉争议具有总括性的了解，从而便于其理解随后将要提出的证据。亦称opening argument,但后一说法不正确。

An opening statement is generally the first occasion that the trier of fact (jury or judge) has to hear from a lawyer in a trial, aside possibly from questioning during voir dire. The opening statement is generally constructed to serve as a "road map" for the fact-finder. This is especially essential, in many jury trials, since jurors (at least theoretically) know nothing at all about the case before the trial, (or if they do, they are strictly instructed by the judge to put preconceived notions aside). Though such statements may be dramatic and vivid, they must be limited to the evidence reasonably expected to be presented during the trial. Attorneys generally conclude opening statements with a reminder that at the conclusion of evidence, the attorney will return to ask the fact-finder to find in his or her client's favor. 具体例句如下，可供参考：

例句1

Opening statements are, in theory, not allowed to be argumentative, or suggest the inferences that fact-finders should draw from the evidence they will hear. In actual practice, the line between statement and argument is often unclear and many attorneys will infuse at least a little argumentation into their opening (often prefacing borderline arguments with some variation on the phrase, “As we will show you...”). Objections, though permissible during opening statements, are very unusual, and by professional courtesy are usually reserved only for egregious conduct.

理论上，开场陈述不允许是辩论式的，也不允许暗示事实调查者应该从他们将听到的证据中得出的推论。在实践中，陈述和论证之间的界限经常不清楚，许多律师会在他们的开场陈述中至少加入一点论证（通常在边缘论证前加上一些短语的变化，“正如我们将向您展示的……”）。尽管在开场陈述中反对是允许的，但这是非常不寻常的，出于职业礼貌，反对通常只针对异常行为。

例句2

Generally, the prosecution in a criminal case and plaintiff in a civil case is the first to offer an opening statement, and defendants go second. Defendants are also allowed the option of delaying their opening statement until after the close of the prosecution or plaintiff's case. Few take this option, however, so as not to allow the other party's argument to stand uncontradicted for so long.

一般来说，刑事案件的起诉人和民事案件的原告是第一个提供开场陈述的人，被告是第二个。被告还可以选择将他们的开场陈述推迟到起诉或原告案件结束之后。然而，很少有人采取这种选择，以免让对方的论点在如此长的时间内不受争议。

例句3

The techniques of opening statements are taught in courses on trial advocacy. The opening statement is integrated with the overall case strategy through either a theme and theory or, with more advanced strategies, a line of effort. Specific tactics that can be incorporated in an opening statement are audio-visual elements, a clear overview of the coming presentation, and using deposition testimony to highlight key information they can expect of upcoming witnesses.

开场陈述的技巧在审判辩护课程中教授。开场陈述通过一个主题和理论，或者通过更高级的策略，一系列的努力，与整体案例策略相结合。可以纳入开场陈述的具体策略是视听元素、对即将到来的陈述的清晰概述，以及使用证词来强调他们可以期待即将到来的证人的关键信息。

例句4

Opening statements are intended to give the jury a preview of the case. An opening statement describes the parties, outlines the nature of the issue in dispute, presents a concise overview of the facts and evidence so that the jury can better understand the overall case, frames the evidence in a way that is favorable to the counsel's theory of the case, and outlines what the counsel expects to prove. While a good opening statement is persuasive, it should not argue the facts of the case or ask the jury to make any inferences or judgements.

开场陈述旨在让陪审团对案件有一个预览。开场陈述描述了双方当事人，概述了争议问题的性质，简要概述了事实和证据，以便陪审团能够更好地理解整个案件，以有利于律师对案件理论的方式构建证据，并概述了律师希望证明的内容。虽然一个好的开场陈述是有说服力的，但它不应该争论案件的事实或要求陪审团做出任何推论或判断。