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)
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#Cross-examine the prosecution's witnesses (CPL Article 47, 156)
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#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.
 
===DEFENSE WITNESS EVALUATION===
 
 
Legal Background
 
 
Chinese law allows the criminal defender to:
 
 
#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)
 
 
The following form serves as a guide to help you evaluate and prepare for the testimony of witnesses that may help your case.
 
 
[[File: Defense Witness Evaluation Form]]
 

Revision as of 11:06, 21 April 2010