Difference between revisions of "India Criminal Defense Manual - Client Interview"

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c. Who interrogated you; did they wear nametags or other means of personal identification?  How many people interrogated you?
 
c. Who interrogated you; did they wear nametags or other means of personal identification?  How many people interrogated you?
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d. Who initiated the conversation with you?
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e. How did you respond to them?
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f. What was your state of mind at the time?
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g. Were your statements recorded?
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h. Did you write a statement yourself and did the police attempt to get you to sign anything?
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i. Were you allowed to adequately review and modify your statements?
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j. Were you allowed to write down your opinions?
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k. Have your jointly accused persons been interrogated?  If so, do you know what they said about you?
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4. Requests for legal aid
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a. Did you ask for a legal aid lawyer?
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b. Did anyone inform you that you could have a legal aid lawyer? When?
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c. Have you seen your family members, friends, or co-workers since the arrest?
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5. Detention
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a. Describe the place where you were detained after your arrest.
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b. How many public security officers were present during your arrest?
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c. Were any compulsory measures taken against you before your interrogation?
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d. Were you threatened with physical abuse during and after the arrest?
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e. Were you treated with violence during or after the arrest?
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f. Were you verbally abused or threatened during and after the arrest?
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6. Information about the alleged victim
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a. Do you know the alleged victim?  If so, describe your relationship with the alleged victim.
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b. Do you know the alleged victim's name, age, address, telephone number, and vocation?  Does he have a criminal record?
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c. Has the alleged victim been physically or mentally injured?  If so, what type of injuries and how serious are the injuries?  Has the alleged victim recovered?  Has the alleged victim suffered any property damage?  If so, tell me about the nature and the extent of damage.
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d. Has the alleged victim received any compensation?  If so, when, how much and who paid the compensation?
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e. What are your feelings about the alleged victim?
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7. Information about the jointly accused persons
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a. Do you know the jointly accused persons? If so, describe your relationship with them.
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b. What are the names, ages, addresses, telephone numbers, vocations and criminal histories of the jointly accused persons?
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c. Do you know whether the alleged jointly accused persons have been arrested?  If so, do you know what items, if any, were seized from them?
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d. Do you know what statements, if any, the jointly accused persons made about you?
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'''The Criminal Charges'''
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1. Do you understand the nature of the criminal charges against you?
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2. Do you understand the legal meanings of the charges?
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3. Do you understand the defenses you might have to the charges?
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4. Are you aware of anyone who can attest that they were with you at the time of the crime, but away from the scene of the crime?  If so, what is their name, address and telephone number?
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5. Is there anyone else who was charged or who should be charged?  If so, what are their names, addresses and telephone numbers?  How would you describe their involvement in the case?
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'''Quick Investigation'''
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1. Who should I contact?  What are their names, addresses and phone numbers?
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2. Are there any witnesses I should talk with? If so, can you give me their names, addresses and telephone numbers? What information do you think they might be able to provide?  Do you think they are credible?
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3. Is there any evidence that must be secured?  If so, can you tell me what it is and where I can find it?  Do you know whether it has already been seized? In order to prevent unnecessary trouble or risks, we advise the lawyer to avoid the following actions and behavior during the interview:
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1. To leak information about the case to the client, including information relating to written accusations and exposure;
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2. To instigate the client to lie about his part in the case;
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3. To lend your own cell phone to the client;
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4. To give material articles to the client in private;
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5. To bring a non-lawyer or the client's family members when meeting the client.
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== Client Background Questionnaire ==
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Date of Interview:
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Name:
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Birth date:
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Identification Number:
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Address:
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Telephone:
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Education (Degree) (School Name):
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Vocational Training (Skills) (School Name):
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If applicable:
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Driver's License Number:
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Automobile Model:
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Automobile License Plate Number:
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Who would you like to contact/inform about your arrest?  Please provide their name, address and telephone number.
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Have you contacted another lawyer about this case?  Please provide details.
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Have you received an arrest warrant (applies to all non-cognizable cases)?
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Please provide details.
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== References ==
 
== References ==
  
 
<references/>
 
<references/>

Revision as of 13:28, 9 June 2010