Difference between revisions of "India Criminal Defense Manual - Questioning the Witness"
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d. victim's injuries/mental health status | d. victim's injuries/mental health status | ||
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+ | Defense evidence to identify or admit: | ||
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+ | 1. knowledge of accused's: | ||
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+ | a. character | ||
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+ | b. habits | ||
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+ | c. mental health status/limitations | ||
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+ | d. physical health status/limitations | ||
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+ | e. business practice | ||
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+ | f. family | ||
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+ | 2. knowledge of the crime scene | ||
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+ | 3. alibi evidence | ||
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+ | 4. new evidence, such as: | ||
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+ | a. scientific testing | ||
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+ | b. diagrams | ||
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+ | c. reconstruction of the crime scene | ||
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+ | d. results of mental health evaluation of accused | ||
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+ | 5. When preparing questions, remember to consider how each witness's testimony can be developed to advance the defense attorney's theory of the case. | ||
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+ | == Preparing for the prosecution to question your client == | ||
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+ | 1. The theory of most prosecution questions promotes the following false logic: | ||
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+ | a. Story has changed from the original account or is different from the police's account, | ||
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+ | b. The accused is lying, and so therefore, | ||
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+ | c. He must have committed the crime. | ||
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+ | 2. Prepare your client for the prosecutor's tone. | ||
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+ | 3. Your client should answer the prosecutor as he or she answered you, |