Mock Trial Opening Statement

Topics: Criminal law, Murder, Crime Pages: 1 (317 words) Published: March 26, 2011
Case opening statement
Oregon state law defines:
163.118 Manslaughter in the first degree. (1) Criminal homicide constitutes manslaughter in the first degree when:       (a) It is committed recklessly under circumstances manifesting extreme indifference to the value of human life;       (b) It is committed intentionally by a defendant under the influence of extreme emotional disturbance as provided in ORS 163.135

163.135 Extreme emotional disturbance (a) that the homicide was committed under the influence of extreme emotional disturbance if the disturbance is not the result of the person’s own intentional, knowing, reckless or criminally negligent act and if there is a reasonable explanation for the disturbance. The reasonableness of the explanation for the disturbance must be determined from the standpoint of an ordinary person in the actor’s situation under the circumstances that the actor reasonably believed them to be. Extreme emotional disturbance does not constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime. Therefore Extreme emotional disturbance is not a valid defense to manslaughter 1. What the defense will try to prove to you is she had battered woman syndrome and it caused her to kill him in self defense. What we will try to prove is that battered woman syndrome caused her extreme emotional disturbance which is not a valid self defense for battered woman syndrome. Detective palmer will testify that Mrs. Monroe did not run away from the crime scene she called the police on herself and turned herself in obviously she was not thinking clearly too bad that not thinking clearly is not a reason to kill someone. And Alex Chavez who will show that Mrs. Monroe declined an offer to go away with him/her Also with all the new programs and places it’s obvious that she had many option to get away and feel safe.
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