As you probably have already learned, the defense attorney delivers his or her closing argument after the prosecutor speaks. In addition, since the prosecutor has the burden of proof, he or she is allowed to speak again after the defense counsel speaks. The mock trial defense lawyer only has one opportunity to speak. Unlike a prosecutor, who is able to plan his or her opening statement, the defense counsel has to be a little more prepared to think on their feet. The mock trial defense lawyer has to be prepared to respond to the points that the prosecutor is making.
The defense attorney should begin by thanking the jurors for their time. In a mock trial competition, it is best to write down 8 or 10 of your strongest points and be prepared to focus on them. You will want to weave in some of the themes from your case depending on the facts of your trial scenario. You should make a point of responding to the prosecutors closing argument. This shows the judge you were listening to the opposition when they were speaking and it shows you can think on your feet. For example, the defense counsel might say: “Now we have just listened to the prosecutor state that the police found fingerprints of my client at the scene of the burglary. However, that is not a very strong point considering that my client had been a guest at the victim’s home on earlier occasions.” Responding to an occasional point like this is better than just reading a prepared statement, or arguing off a prepared outline alone.
Aside from the above, here are a few arguments you often see defense lawyers bring up:
1. The burden of proof is very high – beyond a reasonable doubt. It is not sufficient to merely suspect that someone did something.
2. The defendant in a court of law has no burden to prove his or her own innocence.
3. The police should have done a more thorough investigation: i.e. talked to more witnesses, looked for DNA evidence, dusted for finger prints in more locations, attempted to locate security cameras.
4. Bias of witnesses – the police, the eye-witnesses, the expert witnesses etc.
5. Describe your client in the best possible light, i.e. argue that he wouldn’t commit the crime as alleged.
6. Remind the mock trial jurors that they must be unanimous to convict your client.
Here is an example of a classic closing argument: