Difference between revisions of "China Criminal Defense Manual - Questioning the Witness"
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'''Example:''' Isn't it true that my client called the police, and waited for them at the scene? | '''Example:''' Isn't it true that my client called the police, and waited for them at the scene? | ||
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+ | ===DEFENSE WITNESS EVALUATION=== | ||
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+ | Legal Background | ||
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+ | Chinese law allows the criminal defender to: | ||
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+ | #Conduct an independent investigation to verify the evidence collected by the public security organ and prosecution (CPL Article 37) | ||
+ | #Cross-examine the prosecution's witnesses (CPL Article 47, 156) | ||
+ | #Use evidence to impeach the prosecution's witnesses (CPL Article 157, 159, 160) | ||
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+ | The following form serves as a guide to help you evaluate and prepare for the testimony of witnesses that may help your case. | ||
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+ | [[File: Defense Witness Evaluation Form]] | ||
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*A prosecutor will try to show that your client incorrect about something, anything at all: A frequent trick is to ask how long the red light lasted, how many meters it was across the room, or how many beers were consumed, etc. | *A prosecutor will try to show that your client incorrect about something, anything at all: A frequent trick is to ask how long the red light lasted, how many meters it was across the room, or how many beers were consumed, etc. | ||
*Even if the defendant first says that he or she does not know, the prosecutor may badger them to assent to an estimate, or a range. | *Even if the defendant first says that he or she does not know, the prosecutor may badger them to assent to an estimate, or a range. | ||
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