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.
See some samples of closing arguments here.
Any questions? Leave them below in the comment section!!!
Here is an example of a classic closing argument:
Mock trial blog 
I thought the trial went well as a whole. Both sides had good deltais and facts to prove their position on the book. Also the witness questionings went well and showed knowledge of the book. Aside from the arguements by the opposing sides it was fine.
you should use this in the end of your closing statement…it made me win my Mock Trail :]] [“if there is but one reasonable doubt===in your heart of hearts===your sworn duty is to aquit!”]
For the defense or prosecutor?
Genesis’ suggestion would be for the defense lawyer. The prosecutor should argue that there is no doubt.
Do you know the source of this so I can reference it properly in my writing?
Otto’s heart-of-hearts line? I think he just made it up. You see similar arguments in many closing arguments.
I need this and the prosecutor article as well, because I am also preparing for a mock trial at my school, and it’s so much fun!!!!!!!!!
Can you do a defense closing argument for Chris Archer v. New Columbia?
Ahh, Chris Archer. That is a good case. I don’t have a closing on that case. I usually don’t post them online because the learning process is to come up with something on your own using examples and principles on this site.
im doin the mock lizzie borden case for the defence at my school and it going great