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 cash due to a recent inheritance, your classmate that is questioning 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. 🙂
See also our new post on How to Write Opening Statements.
Mock trial blog 
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 ❤
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
Hi Lynn. I am in a know-your-rights class, and we are designing a mock trial based on a breach of contract dispute to teach students. Do you still have any contract law mock trial materials? I would really appreciate any help you have!
Please let me know!
Thanks,
Josh
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!!!
Are you familiar with the 2012 National mock Trial Case?
Very similar to the Zimmerman case with the shooting of trey von…?
Very strange. Life imitating art I guess?
M the defense attorney for a mock trial competition. our case is about discrimination of employment on the ground of disability. I am thinking of hitting at the maintainability of the case. can u suggest me some nice lines for my opening statement as to how would i bring on the subject of law point? i mean can i directly start with the maintainability part??
Hi defense attorney. Sorry I didn’t get back to you. I don’t check comments very often during the summer. Unfortunately I don’t know very much about employment law.
I was wondering if I emailed you my opening statement for a mock trial for my civil litigation trial if you could give me some feed back? Or e-mail me if you see this soon! Thanks:) cwilson190@ivytech.edu
Thanks! this made me think of an idea of composing my own mocktrial! So helpful! 😀
why are you up at 4:35 am
Hi this helped a lot. I’m in 8th grade and we are doing a mock trial in my Research class. I was wondering if you could help with the closing statement. This is the first time I have ever done this it would really help. Here’s my email. Thanks for the help.
I am glad to help. I sent you an email
Hi, I am competing in the CACJ mock trial competition in San Francisco. I am tasked with the defense’s opening statement. I was wondering if you could look over what I’ve written and give me some feedback? my email is: gabled@uchastings.edu
Ahhh, thank you so much for posting this. I was having a really hard time trying to figure out how to start my opening statement. This really helped.
I am one of two defense attorneys for a case of a German monk, Martin Luther, and I need to present an opening statement. I am not sure how I should start though. You may or may not be familiar with this case, but I’d really appreciate it if you could e-mail me with some hints.
Thanks!
I have to write an opening statement as a defense lawyer for this awful criminal law class I’m taking, can I e-mail you the mock case and can you give me some pointers. Going up and talking in front of people makes me sick especially if I have no idea what I’m talking about. Thank you in advance.
I just sent you an email
Hi there. In school we read the book “The Outsiders”. We have to do a mock trial against (Main character) Ponyboy Curtis. He is being charged with aiding and abetting his best friend’s (Johnny) murder. I am on the defending side. If you would care to read it or if you’ve already read it I would love to get an email with an opening statement and/or evidence. Thanks for your time.
HI Alex. Haven’t read that book! Sorry.
Hi. In my mock trial, me and my team have to defend Hamlet, from Shakespeare,who is being charged with 2nd degree murder for Polonius’s death, for he stabbed Polonius, who was hiding behind a curtain. Yet Hamlet didn’t know that it was Polonius hiding in his mother’s room. How can we prove that Hamlet is not guilty?
I think murder is defined as an intentional killing. Killing someone who is behind a curtain is murder if the defendant knew someone was there. But if he was just thrashing about recklessly, then the offense would be manslaughter, which is defined as killing someone as a result of a reckless act. Have you thought about maybe a defense of insanity or diminished capacity for you mock trial?
Our mock trial case is a civil case over the death of a pet supposedly caused from the negligence of the pet manufacturer company. The prosecution uses pathos often to sway the jury. How can I counter that? Can I skew the emotion towards our advantage. Can you help? Thanks!
By the way, I am the defense attorney, also other than a lack of evidentiary support, How can I create doubt if there is no bias on the witness’s part?
It is hard too much without knowing the fact pattern, but I would try to emphasize how bad the manufacturer feels. Emphasize him as a person, how he went into the business because he loves animals, how he takes any defect of his product seriously, but that he cannot, in an imperfect world, cannot make 100% guarantee, and cannot play God. Accidents happen, we all feel bad, we feel bad when any animal dies, when one is hit by a car, or dies of old age, or hurts its leg. But that is the life cycle. The plaintiffs case is not so much about his love of his lost animal, his case is about his love of money, and no amount of money can bring the pet back. The plaintiff lost his pet and we feel bad, but that doesn’t mean why should turn our court of law into who wants to be a millionaire.
Heck, I don’t know, kind of depends on your fact pattern, I guess.
As to part two of your question, it is hard to say.
I’m a defense attorney on a mock trial case that is accused murder. The victim was locked in a freezer and while in the freezer wrote “Killer /” in bacon. The victim owned a restaurant with the defendant, and was a gambler. Contralto, a loan shark loaned the victim money and was trailing her trying to get the money back. The victim (her name was Devin Frost) was stealing money from the business that she owned with the defendant, and the business was about to go in red. The defandant, otherwise known as Willy Freeman, was a cook at the restaurant. So it makes sense that his finger prints were on the cooler, the padlock. But not the kitchen knife. However, since the victim died on hypothermia, it doesn’t seem to matter. After the victim was pronounced dead, though its hard to tell exactly how long she was in the freezer, Willy found out about the buy-sell agreement, where if the victim died, the defendant would recieve 500,000. The state thinks it was Willy because he was descibed as “enraged” when he found out Devin was stealing from the business, which happened to be a day before Devin died, which doesn’t look so good. However, it could be premeditated and the best we could probably give is a sentence in manslaughter. And while we’d like to blame Contralto (the loan shark), and evidenence is stacked against him, first we have to prove it wasn’t Willy, Though my team and I believe that Willy is innocent, we haven’t quite found a way to “cast enough doubt” onto the jury yet. My mock trial case is on the 25, and it is my job to write the opening statement, though I’m not sure how to start it and what to say. I’d like to have the opening statement done by the 22, but I NEED it done by the 23. If you could please give me some pointers by then, it would be greatly appreciated. Thank you so much. This was really helpful. Thank you again,
Lucy.
I guess I would point out that it is a natural reaction for a person to become upset when they are a victim of a crime (theft). I would argue that what would be suspicious is that if the didn’t react in the customary way, and instead was quiet and brooding about it like he was formulating a plan in his own mind to kill. A lot of people are victims of theft, and it doesn’t mean they kill. Ask the jurors if you have ever had something stolen? Did that lead you to kill? No, it didn’t. Can you say the same about loan sharks? No you can’t. They are violent people, they are the ones who kill. Physical violence is the only collection method they have. Let’s face it, loan sharks don’t take people to small claims court, they don’t garnish wages, they collect by either the threat, or by the actual use, of violence. It sound like the police is giving the real killer a free pass, because there was a rush to judgment, and they are unable to admit they made a mistake. Locking someone in a cooler isn’t the act of an enraged man. An enraged person would seek a more impulsive, immediate form of killing, such as a stabbing. Locking someone in a cooler is more an act of someone who is calm and calculating. Maybe the intent of the loan shark wasn’t to kill, just to scare.
So I guess I would kind of weave those themes in as well as any other additional themes you have.
I would like to be able to get in touch with you via email or phone. Please email me your information. I have questions regarding opening and closing statements. THanks
it help us..
This was great! Can you write a little about opening statements for bench mock trials?
O.k. let me see what I can come up with.
Thanks for your article. I have a question, though. My teacher had an attorney come and speak in our mock trial class, and he said that in the defense opening statement, the defense attorney should not argue, just state the facts (while telling the story). Do you recommend rebuking the prosecution in the opening statement? Because all other sources I have looked at want/tell the defense attorney to avoid arguing in the opening statement.
Yes, it is an important distinction to make. Opening statements are for outlining your case or “telling a story”, and closing arguments is for summing up your case and arguing. However, sometimes I will sometimes sneak a little arguing into my opening. Say for example it is a self-defense case, a traditional opening would explain how a client used force because he felt violence was to be done to him. So I might sneak in a comment like “of course he reacted, who wouldn’t?” or “What was he supposed to do, just let himself get beat up?”, and I might look to the prosecutor when I said this. But I guess in mock trial you want to keep this argument-like language out of a opening statement, or the judge might think that you don’t know the difference between an opening or closing.
Thank you so much, this was so helpful, we’re doing a case in class, and so far it’s been fun, but hard! This template was extremely useful, and I hope you continue posting!
Thank you! This really helped me out with my opening statement. Hopefully I do great tomorrow!
I have a mock trial this Wednesday, and I couldn’t write an opening statement! This helped me a lot.
Thanks!
hi!
I am going to be the lead defense attorney in a mock trial. Thanks for all your suggestions! they really helped!! I am still trying to find a statement that will stab the other team in the throat! (not literately). any ideas?
Thanks for visiting my blog Hye-won!
Becca, tell us a little bit about your fact pattern in your mock trial case, and I will see what I can do to help!
So how do you do an prosecutor opening statement?
https://mocktrialblog.com/2010/12/25/mock-trial-opening-statements-for-the-prosecutor/
Right there, April!
I need a good theme for the defense of a Battered Woman, do you know of anything that might stick in the jury’s minds?
Hi I’m the defense in a mock trial in a scenario we had at my school. My client is a homeless man charged with domestic violence. He does admit living with the victim but he will not be testifying. When he arrived to their living structure and found his antique watch missing they got into an argument and the victim claims he then slapped her . Would we be able to argue they did not truly reside since they did not own the structure (a torn up cardboard box) and did not pay a rent of any sort. The officer also made mistakes in the report stating my client had reddening on his face from a slap as well when he claims he was not hit nor hit the victim. How would we use this? The officer also stated on one page of the report that my client and the victim were former spouses (which they are not) and that they resided on another page.
How would I go about presenting this evidence in my opening statement?
Hello,
I am part of the defense for the accidental killing of a neighbor. I am having some trouble coming up with the opening statement! Please Help!
Are you working on the Chris Matthews case?
Nope. I am not coaching any high school team this year. I had to take the year off because I was too busy, and out of town too much.
I had to do a mock trial for the Holocaust as a defense lawyer, and this blog helped me win!
This really helped thanx a lot!!
well i have to write a court case oral for school what should i write after this.
i am a student and currently doing a mock trial. My client was charged for murder and being in the united states illegally. But he and his wife are currently waiting for citizenship paperwork to become a unites states citizen. He is getting accused of distrabuting drugs to high school students and there was a party being thrown on april 10. My client was in mexico durring a family reunion. how would i defend pablo if there is evidence of drugs in his store with his finger prints on them? i would really like to know how to address this. Thank you.
I am not sure how the murder allegation ties in, but let me try to deal with the drug allegation. I am not sure how you get around the fingerprints on the drugs. Maybe the defendant touched the bags when they were empty because he uses such bags in his restaurant, and then later someone else put the bags to use in the business of drugs.
I am the defense attorney and my client is charged with human trafficking. I just want to know what kind of questions I can ask the star witness.
Hi, do you have an example for a closing argument?
Thx!
for prosecution or defense?
This is my first year participating in a Mock Trial course, and I am the defense attorney for our first case of the year. This being my first attempt at a trial, I’m pretty nervous. Most of the students in my class have either taken an Intro to Law course, or have taken the class before. I’ve done neither, and I have a relatively unexperienced trial team. I just want to thank you for providing this information, as I have little knowledge on opening and closing statements. The odds might be stacked against us, but I hope we can pull it out.
Thanks,
Milo, 8th grade
Right on. Thanks, Milo. It looks like you are doing a good job researching trials and I wish you the best.
Regards,
Steve Graham Esq.
so as a defense lawyer can I talk about the prosecutors witnesses and how I can prove their statementsfalse?
For sure, that is fair game in a mock trial
This This really helps. I am the defendant on the mock trial trial we are scheduled to have on November 5. This puts everything into perspective. Thank you so much for this#!!
Good luck on November 5th! Thanks for posting a comment! Thanks fr visiting my blog Latosha!
Hi
I’m a student prosecuting in a mock trial at my school on DUI case do have any suggestion on opening statements that may be helpful to use?
Highlight the strengths of your case. Was the driver unsteady? Did he have a strong odor of alcohol? Was he swerving around when he was driving? Try to cover the highlights. Don’t just focus on the breath test or blood alcohol level. I guess that would be my advice. Maybe in closing argument point out that even if the blood test of breath test wasn’t accurate, it is still just common sense that someone can tell when someone has had too much to drink.
this did not help me at all i am i the 6th grade and writing an opening statement for the book roll of thunder hear my cry can some one plz give me some pointers thank you
I haven’t read that book, sorry Alice 😦
Hi, I need help with a mock trial opening statement I need to write about a case in which a 16 year old is charged with theft under $5000 assault and uttering threats. The thing is that he wasn’t the one to actually commit the theft, or touch the victim. It was an acquaintance you were with that cannot be found. The police found $25 on the accused which he got from work, and the same amount was stolen from the victim. HELP!
how would you prepare a closing sentence?
…for the reasons I have just stated, we would accordingly ask for a verdict of not guilty, We pray that you do the right thing.
I have visited your website and it helps but I have to write a defense statement where I am defending Galileo please respond to my email and help
Hi, I’m playing a third-party defense attorney in a mock trial, representing the employer of the main defendant in a car accident. Trying to get around that whole Respondeat Superior thing. I have an opening statement written, would you mind taking a look and helping me out?? THANK YOU!
Hi Hadeer. It is hard for me to respond to individual requests. Sorry.
Hey my name is kierra Harold and i need help writing my opening statement
What else can you tell us, Kierra? What’s your topic?
This is my first year particpating in mock trial and I was ask to perform the opennig for the defence. I have little exp if not any at all and I would greatly appreaciate your advice and suggestions on my opening drafts. Thank you.
This has been very helpful in my approach to writing my opening speech. I highlighted certain points that i never would have sought and it really had my speech flowing from one point to the next. I am very appreciative of this. looking forward to others.
Can you please write some more examples of thinking outside of the box, coming up with creative arguments in response to what the prosecution has to offer, warping their statements against them. I just require further inspiration at the moment. Thank you for your time.
Hello, thank you so much for posing this! I recently joined the mock trial team and there are a few questions that I would like to ask. It would be greatly appreciated if you have the time! My e-mail is ********@gmail.com
Thanks in advance 🙂
Your suggetions has been a great tool for my opening statement, but I am wondering if I can get feedback on some questions that I have, if your time is sufficient. *********@wayland.wbu.edu
Sure I will send you an email
In my class we are using the book Lord of the Flies for our mock trial, im defending Jack and roger, Jack i can handle but Roger is clearly guilty. Going into this trial the jury already knows rogers intent, should i argue that he was mentally ill?
Is it common for an instructor to give the group only one week to get a mock trial together? I mean we’re all adults with families & jobs & other classes…which equals conflicting schedules. We are using the short story by Kate Chopin-Desiree’s Baby-for our mock trial. We were given the story to read-week one-before the next class. Then we were given the reason as to why we had the story-the mock trial-the week two. Now, as a group we have to prepare a mock trial to be presented the week three. What class is this, you ask? SPK 201 Oral Communication!!!!!
Yikes, that does seem like a short time period! Hopefully you have a lot of good teammates that can each pull their weight.
i really need help for a opening statement for a murder trial its a final exam and i really need help could you possibly help me?
It is hard for me to help on individual projects.
My mock trial is from the 1830’s, so there are many racists. I am the defense attorney. We have a young black teen, TJ, and he’s 13. He was being deceived by 2 adult white men. One night, they convinced him to break into a mercantile and let them in. The white men wear stockings over their heads to make them look black. As the two older men are robbing the place, the store owner and his wife wake up and go downstairs into the shop to see whats going on. The 2 older men kill the owner and then knock out his wife. When they leave, TJ threatens to rat them out. They beat TJ up and break a few of his ribs. TJ runs away and is able to hitch a ride back to his house. Later that night, the 2 white men gather up a mob and try to lynch TJ. They are unsuccessful because the sheriff takes him away. TJ is being convicted of murder, assault, and robbery. He didn’t do it obviously, but in this era of racism, he is being falsely convicted because he is black. What is the best way to defend him, and what questions should I ask him during the trial?
Thanks
Nick
Hi! I am on a mock trial team for school, and an information packet we were given said that opening statements should not talk about the other side’s evidence/statement.
Hi Irene. If that is what your packet says, then I would go with that. Every school is different, and it is best to tailor your statement to comply with the expectations of your teacher or the materials that she has given you. I can say, however, that as a lawyer who has done trials for 20 years, I do address the evidence that I think the other side might present. One word of caution is that if you are a prosecutor, you need to be careful not to say anything that could be construed as placing a burden of proof on the defense. The burden of proof is always on the prosecuting attorney. Thanks for visiting my blog!
our class is doing a mock trial for Macbeth being placed on for Murder and High Treason. I am on the defense team for this trial, so if anyone has any evidence to prove that he is innocent it would be greatly appreciated. I also need help in my opening statement regarding this case, what do I write to defend someone up for Murder and High Treason?
This has been very helpful Thank you very much From the UK!
Cheers!
Thanks guys for visiting my blog. Georgina, I haven’t read MacBeth in a while, but maybe you could harken back to our founding fathers who declared independence from England. Wouldn’t they be guilty of treason? If they had failed in the revolution they would be prosecuted? Maybe it is justified by the need to depose a king that needs to be removed? Anyone else have any other ideas?
Hey so thanks for the pointer, helped me as the lead attorney proving Harry Truman’s innocence to the “atom bomb” attack on Japan.
Thanks, Ryan. Glad to hear it went well!
Hi! I am a university student preparing my opening statement. Your advice helped a lot but I have a few more questions that I’d like to ask.
Hi Adam. The best way is to post your questions here. I usually check the blog once a day but sometimes I get into an actual trial and get busy and then come back to the site on the weekends.
Hello aoa.
I am going for mock trial after 4 hours i am against the judgement of marbury vs madison case please any one can help me and give me the negative points of that judgement . Please fast.
Gosh, I am thinking that your project is more of a mock appellate argument case rather than a mock trial.
I’m a defense barrister in a case where my client has been accused of driving dangerously causing grievous bodily harm. the dispute is over whether my client drove in a manner dangerously. she was slowly pulling out to do a u-turn on a country road after indicating and looking. a motor bike hit the car and the driver went over the bonnet suffering grievous bodily harm. in my opening statement how would i go about stating that my client did not drive in a manner considered dangerous.
This is so helpful! I am a defence lawyer for my law class mock trial that is in Monday and I’m trying to get my opening statement all together but I’m not so good with anticipating the prosecution’s ideas and I was hoping I could talk to you privately about this possibly? That would be a great help!😊
Ill send you my email
In my class we have a mock trial where I am the defence counsel and I have to deliver the opening statement, your site helped to give me some pointers but if you have time please email me.
I am representing myself in court on Tuesday. I know this is for mock trials but I really need a solid opening statement and closing statement. Is there a spot on here of good examples? Obviously the judge knows I am not a lawyer and isn’t expecting me to be but I don’t want to sound like an idiot… Got anything on here for me?
Hi Whitney. There really aren’t example here, so much, and the tips for a mock trial for an education experience would be different than tips for a trial where someone’s butt is really on trial.
Could u please tell me some more starting for opening statements ie you heard her explain what she hopes will be proven or whatever
This helped me so much! Thank you!
Thanks Taylyr!
Wow! Thank you very much for this clear example. I will be sure to explain to my mock trial teammates that they must touch upon the points addressed in the opening statement during their questioning. I really appreciate the time you took to create this. Do you have an article about closing statements for the defence? Are there any major differences between an opening and closing statement?
Hi Reagan. Check out https://mocktrialblog.com/2011/10/03/mock-trial-closing-arguments-for-the-defense-attorney/
The main difference is that an opening is an opening statement, but a closing is a closing argument. So the opening is not the opportunity for you to argue your case. Rather it is the time to tell the jury what evidence you believe will be presented so they know what to look for later on throughout the trial. A closing argument is an opportunity for you to argue your case, and to explain why they should side with you and your client.
We are doing a mock trail for Abigial Williams – The Crucible- and im on the defense side i was wondering if you could help with a starting sentence
It is always nice to have people you can rely on helping you with something you need help on. For example, you have helped me train my self to prepare for a mock trial I have coming up soon.
So I thank you for that,
🙂
Im in fifth grade and doing my first mock trial. Im the defense attorney for the soldiers of the Boston massacre. So,done suggested that i object to the jurisdiction of the court because the constitution and legal system were not in place at the time of the event. When and how do I do that? Also, the main concepts i plan to include in my opening are that there were not street lights in colonial Massacheutes, there was a mob (approx fifty people) thus witnesses may not have accurately seen what transpired. It is unclear if Preston yelled “fire”. He could’ve yelled “hold your fire”. Witnesses cannot absolutely assert he gave the order. The soldiers were provoked and the colonists threatened them. Colonists were slurring insults (red coats, lobsters, etc) and throwing ice, snowballs containing rocks, snowballs containing shells. My lens is that the colonists started the incident and the soldiers defended themselves. Is there anything else i should include? Since i am John Adams should i say so,etching about not liking my clients but believing everyone has a right to a fair trial.
You could object to jurisdiction, but even in colonial days the courts were very similar. I guess I would ask your teacher. Some mock trial competitions allow for pretrial motions but others do not. it should like you have a good handle on it.
Hi,
I am from the University of the south Pacific (Emalus campus, Vanuatu) and we will be having our trial assessment next week. I m acted as a defense counsel on a case of intentional assault.i just need help with how to write and present a very persuasive opening address.
It ‘s really great to know.Thank you for sharing.
Good points. You also have to ‘think on your feet’ at this stage to factor in the prosecutions statement.
thank you it was very helpful
hello
HELLO I AM DOING A MOCKTRIAL FOR A SCHOOL PROJECT AND I AM THE LAWYER FOR THE DEFENCE PLEASE CAN YOU GIVE ME AN EXAMPLE THE PERSON COMITTED A CRIME BY STEALING. !THANK YOU!
Hey guys! glad to talk to some friends!
Thanks so much for all this information! I’m using this for a “trial” we are doing in English Communications 2 so I may defend against a murder (“A Rose for Emily” by William Faulkner-we are defending Emily). This gives me what I needed for my defense team. Again, thank you so very much!
Thanks, Kat!
I am in the state of nc..I am going to trial on a 10year old dui case ..where my blood was drawn without my consent..and I didn’t refuse to a breathalyzer..my back..was a point.1..just above limit..but my fourth amendment..rights was violated..shouldn’t there have been a warrant for a blood draw
That is not the type of issue that we can address in this forum.
Love the use of “she” not “he” in this btw
Oh also I’m the defense attorney and I’d love to know some tips for proving someone obviously guilty innocent, its a murder case based around the trifles play. So far I have a bit of traps and play on words in my bag but its a bit challenging, I do love a good challenge though-
Thanks for visiting our site. I have not seen that play, but I did look it up in Wikipedia. I would keep in mind that a trial is not about guilty versus innocent, it is guilty versus not guilty. As a defense lawyer, I usually explain it like this to the jurors: “A verdict of not guilty just means that the prosecutor has not, for whatever reason, met the high standard of guilty beyond a reasonable doubt. A verdict of not guilty doesn’t even mean that my client is innocent, and a verdict of not guilty doesn’t put a halo over my client’s head. A not guilty verdict just means just that there is a doubt, and there are a lot of doubts here. [Then go through and point them all out]”
I have been charged “Pervert the court of justice because I breached of bail not to contact my separate wife. The police believed that I requested her to cancel the case.
But I did not plead guilty I have a pretrial and final hearing in a few months. Since I gave my first arrest regarding an assault case “I found no guilty” but 2nd case is breach of bail.
Sounds like you are talking about a real case, and this is a forum about mock trial.
Hi! I am currently the lead defense lawyer of a mock trial case. It regards a single father who has a daughter who has a friend. The father had an accident that led to his staying in a hospital then rehabilitation center for 5 weeks. Over that time, $3,200 was withdrawn from his debit card which had been left at home. I need ideas on how to deliver my opening statement…Could you send me some tips? Thank you in advance!
my tacher asked for ten and i need more
ten what?
Ten facts?
Seems like requiring facts in a certain number is a little arbitrary. A better way to think of it is maybe covering 10 strong points of your case in your opening.
Hi this was great but would you be able to help me with a mock trail as a expert pathologist?
Since I learned more from your blog, I am really grateful that you shared so much useful information with us about manslaughter defence lawyer.
Glad to hear it Selise! I haven’t been as active in all this sense the pandemic but hope to start back up
WOW this really helped I’m doing a mock trial for my pre ace history class, and I was on defense I couldn’t really think up one but now I know how to do this opening we’re doing state of Florida vs Jackie demathers and we were defense. so, this is a good thing I looked for online help.
thanks again!!