Difference between revisions of "China Criminal Defense Manual - Motions"
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MOTIONS IN A CRIMINAL CASE | MOTIONS IN A CRIMINAL CASE | ||
− | + | #Motions for Access to Client | |
− | + | ##Application for Client Interview | |
− | + | ###Private Interview - Regular visiting schedule | |
− | + | ###Unshackled Interview | |
− | + | ###Client Inspection of Documents | |
− | + | ###Expert Examination of Client | |
− | + | ##Conditions of Confinement | |
− | + | ###Appropriate Medical Care | |
− | + | ####Medical Examination | |
− | + | ####Medical Treatment | |
− | + | ####Diet & Exercise | |
− | + | ###Family Visits | |
− | + | ###Appropriate Classification in the Jail | |
− | + | ##Notification of Whereabouts Within 24 Hours of Change in Location | |
− | + | #Motion for Release Pending Trial | |
− | + | ##Presumption of Innocence | |
− | + | ##Presumption of Bail | |
− | + | ##Reasonable Bail to Assure Appearance at Trial | |
− | + | #Motions for Access to Evidence | |
− | + | ##Discovery of Relevant Evidence from the Prosecutor/Trial Court | |
− | + | ###Documents in the Case Against the Client | |
− | + | ####Statements | |
− | + | ####Opinions and Bases for Opinions | |
− | + | ####Review of Physical Evidence | |
− | + | ####Other Crimes Evidence | |
− | + | ####Names of Informants and Witnesses | |
− | + | ###Documents from Previous Cases | |
− | + | ####History of Falsehoods | |
− | + | ####Crimes of Moral Turpitude | |
− | + | ####Convictions of Crimes | |
− | + | ####Previous Testimony/Expert Opinions | |
− | + | ##Application to Interview Witnesses in Custody | |
− | + | ###Witnesses for the Prosecution | |
− | + | ###Witnesses for the Defense | |
− | + | ##Application for Documents from Third Parties | |
− | + | ###Employment Records | |
− | + | ###Medical Records | |
− | + | ##Application to Preserve Evidence | |
− | + | # Motions to Determine Charges Against Client | |
− | + | ##Motion for Indictment & Right to Speedy Trial | |
− | + | ##Motion for More Definite Statement of Charges | |
− | + | ###Names, Dates, Locations | |
− | + | ###More Specific Crimes/Elements of the Crime(s) | |
+ | ##Application to Dismiss Charges | ||
+ | ###The Charge is Not a Crime | ||
+ | ###Double Jeopardy - Prior Finding of Not Guilty, Lesser Crime or Sentence for Same Crime | ||
+ | ###Change in the Law | ||
+ | ###Same Charges Listed as Two or More Crimes | ||
+ | ###Conduct Alleged is Protected by Other Laws | ||
+ | ###Lack of Jurisdiction | ||
+ | #Motion to Continue Trial | ||
+ | ##Lack of Timely or Meaningful Access to Client | ||
+ | ##Lack of Timely Review of Evidence | ||
+ | ##Inability to Prepare a Defense | ||
+ | ###Evidence to Review | ||
+ | ###Investigation to Conduct | ||
+ | ###Evidence to Present to the Court | ||
+ | ##Client is Incompetent to Proceed | ||
+ | ###Cannot rationally understand the proceedings | ||
+ | ###Cannot aid and assist the lawyer | ||
+ | #Motions to Exclude Unreliable Evidence | ||
+ | ##Involuntary Confessions or Witness Statement: Threats, Promises or Coercion | ||
+ | ###Physical | ||
+ | ###Psychological | ||
+ | ###Conditions of Confinement & Denial of Rights to Counsel | ||
+ | ###Threats or Harm to Family | ||
+ | ##Unreliable Identifications | ||
+ | ###Suggestive Identification Procedures | ||
+ | ###Lack of Opportunity to Observe | ||
+ | ###Cross-racial Identifications | ||
+ | ##Unreliable Scientific Opinion | ||
+ | ###Untested procedures | ||
+ | ###Non-standard Procedures | ||
+ | ###History of Error | ||
+ | ###Conclusions not Supported by the Test Results | ||
+ | ##Biased Witnesses | ||
+ | ###Jail Informants | ||
+ | ###Accomplices | ||
+ | #Application to Produce Evidence at Trial | ||
+ | ##Hearsay Evidence & the Right to Cross-examination | ||
+ | ##Application to Compel Attendance of Witnesses & Records | ||
+ | #Application to Consider Lesser Charges | ||
+ | #Application to Consider New Evidence After Verdict or Sentence | ||
+ | ---- | ||
− | + | See [[China | China Criminal Defense Manual]] | |
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Latest revision as of 22:23, 8 June 2010
MOTIONS IN A CRIMINAL CASE
- Motions for Access to Client
- Application for Client Interview
- Private Interview - Regular visiting schedule
- Unshackled Interview
- Client Inspection of Documents
- Expert Examination of Client
- Conditions of Confinement
- Appropriate Medical Care
- Medical Examination
- Medical Treatment
- Diet & Exercise
- Family Visits
- Appropriate Classification in the Jail
- Appropriate Medical Care
- Notification of Whereabouts Within 24 Hours of Change in Location
- Application for Client Interview
- Motion for Release Pending Trial
- Presumption of Innocence
- Presumption of Bail
- Reasonable Bail to Assure Appearance at Trial
- Motions for Access to Evidence
- Discovery of Relevant Evidence from the Prosecutor/Trial Court
- Documents in the Case Against the Client
- Statements
- Opinions and Bases for Opinions
- Review of Physical Evidence
- Other Crimes Evidence
- Names of Informants and Witnesses
- Documents from Previous Cases
- History of Falsehoods
- Crimes of Moral Turpitude
- Convictions of Crimes
- Previous Testimony/Expert Opinions
- Documents in the Case Against the Client
- Application to Interview Witnesses in Custody
- Witnesses for the Prosecution
- Witnesses for the Defense
- Application for Documents from Third Parties
- Employment Records
- Medical Records
- Application to Preserve Evidence
- Discovery of Relevant Evidence from the Prosecutor/Trial Court
- Motions to Determine Charges Against Client
- Motion for Indictment & Right to Speedy Trial
- Motion for More Definite Statement of Charges
- Names, Dates, Locations
- More Specific Crimes/Elements of the Crime(s)
- Application to Dismiss Charges
- The Charge is Not a Crime
- Double Jeopardy - Prior Finding of Not Guilty, Lesser Crime or Sentence for Same Crime
- Change in the Law
- Same Charges Listed as Two or More Crimes
- Conduct Alleged is Protected by Other Laws
- Lack of Jurisdiction
- Motion to Continue Trial
- Lack of Timely or Meaningful Access to Client
- Lack of Timely Review of Evidence
- Inability to Prepare a Defense
- Evidence to Review
- Investigation to Conduct
- Evidence to Present to the Court
- Client is Incompetent to Proceed
- Cannot rationally understand the proceedings
- Cannot aid and assist the lawyer
- Motions to Exclude Unreliable Evidence
- Involuntary Confessions or Witness Statement: Threats, Promises or Coercion
- Physical
- Psychological
- Conditions of Confinement & Denial of Rights to Counsel
- Threats or Harm to Family
- Unreliable Identifications
- Suggestive Identification Procedures
- Lack of Opportunity to Observe
- Cross-racial Identifications
- Unreliable Scientific Opinion
- Untested procedures
- Non-standard Procedures
- History of Error
- Conclusions not Supported by the Test Results
- Biased Witnesses
- Jail Informants
- Accomplices
- Involuntary Confessions or Witness Statement: Threats, Promises or Coercion
- Application to Produce Evidence at Trial
- Hearsay Evidence & the Right to Cross-examination
- Application to Compel Attendance of Witnesses & Records
- Application to Consider Lesser Charges
- Application to Consider New Evidence After Verdict or Sentence