I wrote last month about presenting a mock trial opening statement for a prosecutor, so this post will deal with an opening statement for a defense lawyer. Before I launch into my suggestions, let’s talk a little bit about what the role of a defense lawyer is in a trial. The defense lawyer’s job is to make sure that his or her client gets a fair trial, and that means that the defense lawyer must advocate for the client’s point of view.
An mock trial opening statement is scored both on the content and also on delivery.
Most of the time a defense lawyer does not succeed in convincing a jury of a the defendant’s actual innocence. Usually when a defendant is acquitted (found “not guilty”), the jurors make that decision based on the fact that there was some small measure of doubt in their minds as to the defendant’s guilt. These doubts is what the defense lawyer raises, and there is no better place to begin then in the defense opening statement.
If you haven’t already, go ahead and read last months tips for the prosecutor’s opening statement. You will find helpful suggestions, and the post with help you anticipate what a prosecutor might present. In your defense opening statement, your job is raise some doubt in the jurors minds about the prosecutor’s claims as to what your client has done. So after you introduce yourself, and tell the jurors who you represent, you should begin to highlight the facts in the case that support your defense theory. If the prosecutor points out that he has a solid eye witness to the crime, point out that the witness was over 150 feet away, or that the witness was biased, or that he is not very credible. If the prosecutor says that your clients fingerprints were found at the scene of the crime, point out that your client was previously present on the scene as a guest, or that he trespassed but did not steal anything. If the prosecutor claims your client was caught red-handed with the stolen items in his possession, point out that your client may not have known the items were stolen.
Your mock trial defense opening statement might go a little like this:
- Good morning ladies and gentlemen of the jury, my name is so-and-so and it is my privilege to represent (name of client) in this case before you today.
- You have heard the prosecutor explain what she hopes will be proven, but the prosecutor did not tell you all the facts.
- The prosecutor has explained that my client was “identified” as the bank robber, but in fact this supposed eye-witness is a man that has held a grudge against my client for a long time, and he has made many inconsistent statements about the case.
- The prosecutor has explained that my client was found the next day with over 50 thousand dollars, but none of those bills’ serial numbers was matched to any bank, and my client had the money due to a recent inheritance.
- The prosecutor has stated that my client confessed to the robbery, but this statement was made to the police under coercion, and my client is mentally ill and didn’t know what he was saying.
- So we would ask you to keep an open mind and listen to ALL the evidence, and return a verdict of “not guilty”. Thank you.
So now that you have spoken, the jurors in the mock trial will at least be prepared to listen to both sides. Keep in mind, that you just can’t make this “doubt” up out of thin air. Every “doubt” must exist in the mock trial packet your teacher gives you, and you need to prep all your lawyer teammates and witness teammates to cover all the fact that are important. For example, if you state in your opening that your client had all that case due to a recent inheritance, your classmate that is question the defendant on direct sure as heck better have the word “inheritance” on his outline of questions. You will lose points if you mention things in your opening statement if they are not later established by the testimony.
I have notice that I have had a lot more visitors to my mock trial blog lately. Let’s hear from you students or teachers as to what questions you have, or what topics you might find helpful. I have been doing jury trials for almost 17 years as both a prosecutor and criminal defense lawyer. I have also coached mock trial teams since about 1997. If you have any questions or suggestions post them in the comment section below. Thanks for reading. 
This information is really helpful. I am greatful that you have posted this. My school mock trial team is competing in the next few months. I would greatly appreciate if you would help us out and be our coach because the rules say we can have one Professional coach. You can help us out via phone email or even visit. Please let me know if you can do this via Email:elijah34566@yahoo.com
Sorry it took me a little bit to approve this comment. Thanks for visiting my blog. I sent you an email, and I would be glad to help.
–Steve
Thank you so much!! This helped soo much!
Glad it helped. Thanks for visiting!
Wow! This really helped!
Thanks Miasya!
Is it the same with a bench trial?
Thanks for your question Rucie. Usually for a bench trial, the opening statement is less than one half in length, and less time is put into the planning because judge’s don’t value the opening as much. But I do think you want to let the judges know what your strong points are ahead of time, much like a jury trial.
hi
this was so helpful thanks i <3
THANK YOU!!! =]
Thanks for coming by our site!
Thank you so much for the information! I realize this was written a while back, however, I was wondering if you could answer a couple of questions for me? I just joined the mock trial team for the university of west florida and I finished my defense opening but I have a couple of questions if you have time? My student email is, tmk16@students.uwf.edu. if you don’t have time I completely understand.
Thank you so much for your postings!
Hi Tristen. I just emailed you my cell. Just text me when you have some time. I have heard West Florida has really been kicking ass lately in the Mock Trial competitions.
THANK YOU it has helped me ALOT!!!!!!!!!!! thx thx thx
Thanks Jackie!
Hello,
I am in a business law class nearing the end of my masters program…we are currently creating mock trials from contract law cases. Getting started is the most difficult, so I appreciate your “opening statements” portion, it was just the right information to get me started!
God Bless,
Lynn
Thanks Lynn, glad we could help. That class sounds like fun.
It would be cool if students posted some examples of opening statements in mock trials that they have done.
I need help creating an opening statement for defending my self against a school board and senate. would it bepossible to get some help?
Can’t really help like that. I don’t do those sort of cases, and am only licensed in Washington State. This is more about mock trials then real cases. Good luck though, Michael.
I am the defence lawyer and my client was caught red handed by a security in the mall of potassium of belt because that was the last one so he didn’t want any one to buy it.how do I defend this
Goash, I think I would need to know more Sam to give you some pointers.
I’m doing a project on court trials and this really helped me write the opening statements for the mock trial I’m preparing for my class. Thanks so much!
Thanks Kat!
Hi, I’m a defense attorney for a mock trial case at school. We have a (fake) client who was legally drunk, but is accused for vehicular manslaughter and drunk driving because an accident occured. The girl in the front passenger seat was killed. Our client and another passenger in the back seat left the scene. We understand how to get our client off of the manslaughter charge, but how might we get him off of drunk driving as well?
Sometimes defense lawyers will concede a lesser charge in order to maintain credibility on the greater charge. But if you want to fight the DUI, you can challenge the accuracy of the alcohol test. For example, did the prosecution actually produce an expert to testify that the testing instrument was accurate? Did the prosecutor prove that the driver didn’t have any alcohol after the accident? Is it possible that he seemed drunk simply because he had a concussion? Was the odor of alcohol due to alcohol being spilled on the defendant?
thanks so much!!!