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

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|What kind of student was Vijay?
 
|What kind of student was Vijay?
 
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===3. Follow-up and Probing Questions===
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The following are ways of eliciting more information from the witness when answering one of your open-ended, non-conclusive questions:
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* Nudging or encouragement:  Verbal encouragement in the form of "uh huh" and "go on" will let the witness know that you are following and are interested in what he is saying, and that you do not wish to interrupt him.
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* Silence:  You may choose to remain silent for a moment, signaling to the witness that you are waiting for him to elaborate, perhaps nodding and wearing an expectant look on your face.
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* Clarification:  You can seek clarification from the witness in a number of ways that lets the witness know that you are interested in what he has said and that you want to make sure you correctly understand what he has said.  For example:
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* Ask the witness to provide a more thorough answer: "Tell me more about that," "What else happened that day?"
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* Ask for missing details: "I don't understand.  How did Vijay Singh get home from the hospital?"
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* Ask for additional details: "What did you see Mr. Singh do when the fight started?"
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===4. "Why" Questions===
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It is usually a bad idea to ask people "why" questions about life events.
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"Why" questions often place blame and put a witness on the defensive. Many witnesses simply do not know the answer to why something happened and will invent a seemingly rational reason for their behavior when, in fact, they have no idea what really motivated them.  Such answers then become facts that are not particularly helpful to the client.  Examples:
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{|border="1" cellpadding="15" cellspacing="0" align="center"
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|-
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!"WHY" Questions
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!Rephrased
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|-
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|Why didn't you leave your husband?
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|Was there a time when you thought about leaving your husband?
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|-
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|Why did your husband hit you?
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| Can you tell me what happened between you and your husband that day?
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|-
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|Why do you think you married an alcoholic?
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|Tell me about your relationship with your husband
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|}
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Revision as of 14:35, 9 June 2010