Difference between revisions of "India Criminal Defense Manual - Questioning the Witness"
From Criminal Defense Wiki
Jump to navigationJump to searchDdemetriou (talk | contribs) (Created page with ''''Prosecution Witness''' The following form will assist you to evaluate and prepare your defense against the statements of the prosecutor's witnesses: == Prosecution witne�') |
Ddemetriou (talk | contribs) |
||
Line 69: | Line 69: | ||
1. Cross-examine the prosecution's witnesses | 1. Cross-examine the prosecution's witnesses | ||
+ | |||
+ | 2. Use evidence to impeach the prosecution's witnesses | ||
+ | |||
+ | 3. Ask a Magistrate or police officer to collect evidence on behalf of the accused. If the police or a Magistrate, discount evidence which could favor the defense, this is grounds for an appeal, and strong grounds for later nullification of the verdict. | ||
+ | |||
+ | The following form serves as a guide to help you evaluate and prepare for the testimony of witnesses that may help your case. | ||
+ | |||
+ | == Defense witness evaluation form == | ||
+ | |||
+ | Defense Witness #____ | ||
+ | |||
+ | Name of Witness: | ||
+ | |||
+ | Address: Phone number: | ||
+ | |||
+ | Family member(s): | ||
+ | |||
+ | Place of work: | ||
+ | |||
+ | Relationship to accused (if any): | ||
+ | |||
+ | Reputation for honesty or dishonesty: | ||
+ | |||
+ | Capacity/mental health issues (if any): | ||
+ | |||
+ | Prior arrests/criminal convictions (including juvenile record): | ||
+ | |||
+ | Pages in the case file where this witness appears: | ||
+ | |||
+ | Prosecutor's evidence we need to discuss or explain: | ||
+ | |||
+ | 1. description of crime scene | ||
+ | |||
+ | 2. knowledge of complainant/victim | ||
+ | |||
+ | 3. knowledge of prosecution witness | ||
+ | |||
+ | 4. expert testimony on: | ||
+ | |||
+ | a. blood | ||
+ | |||
+ | b. tests by prosecution | ||
+ | |||
+ | c. reconstruction of the crime scene | ||
+ | |||
+ | d. victim's injuries/mental health status |