Trial Theme Series #1: Introduction and Examples (by Sulaymaan Ali)
What is a trial theme?
A trial theme is a punchy phrase or sentence that ties your case’s facts together. It should be short, simple, and memorable. But a theme isn’t a one-time one liner—you should repeat it throughout the trial. The jury should hear your theme show up across your opening statements, direct examinations, cross examinations, and closing arguments. The side that has a clear, well-repeated theme will have an edge over the side that doesn’t.
In this series, I’ll share some insights and starting points that many top advocates use when developing their trial themes. The goal? To help you brainstorm your own trial themes more easily. I know it’s not always easy—when I competed, it sometimes took us weeks to land on the right theme. In fact, I can remember a few times where we didn’t decide on one until the night before we had to present! So while I won’t pretend coming up with a theme is straightforward, my hope is that this series makes the creative process a little smoother for you.
Let’s start with some of the classics.
I might also call these “overused” themes in the mock trial world. There’s nothing inherently wrong with them—they’re reliable options, ranging from decent to highly effective. Many top competitors have used these themes to sway scorers and win ballots at major tournaments, and many still do. However, if your coach or scorer has seen them before, they’re less likely to give you points for creativity. Personally, I’d only pull from this list if the theme fits your case perfectly or if you’re short on time to come up with something more original. Think of these as your training tools or backup reserves.
Plaintiff/Prosecution Themes
Carelessness cost a life.
Dangerous decisions led to deadly consequences.
In the past, I’ve seen this theme used in negligence, manslaughter, recklessness, and even murder cases. I’ve also seen “choices” replacing the word “decisions” here.
An illustrative point: this theme is a textbook example of simplicity and effective theme integration. For example,
In an opening statement you can say “To prove our case, we’re going to walk you through 3 of the defendant’s decisions. First, you’ll hear about the defendant’s decision to do [get drunk]… Next you’ll learn about the defendant’s decision to [get in her car]… Finally you’ll hear about the defendant’s decision to [drive at night].”
Across your directs and crosses you might have a header like “Let’s talk about the defendant’s decisions.”
In your questions you might ask “The defendant made the decision to [approve the medication], right?” or “What did the defendant decide to do?” or “The defendant decided that [the company needed to make more money], right?”
While I would caution against overusing any theme, including this one, its success and appeal highlight some core fundamentals of mock trial.
Follow the [insert anything].
Follow the [insert anything], from [insert anything] to [insert anything] to [insert anything].
What you want the jury to follow can truly be anything: people, places, proof, twitter accounts. It is the definition of a cookie cutter theme. For example: “Follow the money” or “Follow the blood” or “Follow the paint thinner” or “Follow the briefcase” or “Follow the money, from the museum to the magician to the murder.”
Just like the previous example, this theme is also easy to incorporate into a trial. For example: “Let’s begin our conversation by following the money in your bank account… Now that we’ve followed the money, let’s follow where you were on the night of the crime..” Or “Members of the jury, we'll ask you to follow the evidence to where it leads you: the defendant.”
[_____] put profits over people.
For example, “Koller Campbell Airlines put profits over people.”
[Person] had [insert dollars] reasons to do [insert action].
For example, “The defendant had one million reasons to lie” in a case where the defendant pocketed 1 million dollars by lying on their tax forms. This theme works in almost any case where there’s a financial motive.
S/he was running out of time and running out of options.
The defendant’s words give him/her/them away.
Defense Themes
Blinded by the need to blame.
[Insert Name] is a criminal who cannot be trusted.
Usually used to target plea deal witnesses/ co-conspirators/ confessed criminals testifying for the state.
[Insert Name] acted alone.
Similar to above -- usually used to target plea deal witnesses and co-conspirators testifying for the state.
S/he couldn’t do it and S/he wouldn’t do it.
Another theme that’s easy to incorporate -- noticing a pattern here? You can organize your speeches by first talking about how the evidence will show/showed that the defendant couldn’t do the crime, and then talk about how the evidence will show/showed that the defendant wouldn’t do the crime. The first half covers you on means/opportunity, and the second half on motive.
They’ve got the wrong person and they’re telling you the wrong story.
This theme works best when you have an alternate suspect to point to. I have also seen this modified depending on what issue you’re challenging. For example, I saw “They’ve got the wrong poison and they’re telling you the wrong story” in a case where the defense was disputing the cause of death in an alleged poisoning case.
Look a little closer.
Another super easy to repeat theme. “Let’s look a little closer at this exhibit.” or “Members of the jury, the government just told you about this thing, but when you look a little bit closer, you’ll notice this other thing.”
Rush to Judgment. (Or alternatively, “This is a case about a rush to judgment.”)
Unanswered Questions. (Or alternatively, “This is a case about unanswered questions.”)
This is usually paired with a 2-3 question fact structure in statements. For example, “…We’ll ask you to focus on 3 questions throughout this trial. First, are there any other suspects? Second, did the police have a bias against my client? Third, does my client have an alibi?” Classic defense lines like “what what were they trying to hide?” and “what would the evidence have shown if they did their job correctly?” become even more stronger when weaved into closing arguments. Classic cross examination questions like “you didn’t ask about ___” or “you didn’t question the eyewitness’ story” also become more effective.
What’s missing? (Or alternatively, “What’s missing matters.”)
My goal in giving you this list is not for you to become Team #186 to tell a jury, “The defendant was running out of options and running out of time.” Rather, I want to encourage you to think critically about how these themes can serve as a starting point to build something more original. Use them as inspiration, not a crutch. The best advocates take what works and make it their own, crafting themes that are not only solid but fresh, engaging, and tailored to the unique facts of their case. So while these themes are here if you need them, aim higher. Let them push you to come up with something that sets your team apart.
