3 She does not flee the house: Poetic rhythms of space, path, and motion
Unlike closing argument of a trial, opening statement is not an argument that comments on evidence and the credibility of witnesses. Instead, opening merely outlines the trial attorney’s case for the jury, providing context for upcoming witnesses, evidence and testimony (Heffer 2005: 75). Even so, the line between argument and outline is a blurry one and often the interpretation of the boundary rests with the judge in the case. As Perrin et al (2003:121) put it, the prohibition on the argument rule is “ill-defined and poorly understood. The actual application of the rule . . . varies from jurisdiction to jurisdiction and even from judge to judge.” That discretion often ...
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