I have often said that if I am given the opportunity to engage in an effective voir dire, that is, if I can open up the jurors to the issues in my case and create a trusting relationship with them, and if thereafter I can make an effective opening statement, the case is mostly won. First impressions of a case are hard to overcome. If our opening story is sound and honest and reveals the injustice for which we seek retribution, the picture it creates in the minds of the decision maker will be hard to erase. Indeed, research reveals that something like eighty-five percent of jurors make up their
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