Difference between revisions of "Representing Victims of Torture"
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===Common Law Remedies=== | ===Common Law Remedies=== | ||
The following is a list of some of the ways criminal defense lawyers in a common law system can represent victims of torture who are accused of crimes: | The following is a list of some of the ways criminal defense lawyers in a common law system can represent victims of torture who are accused of crimes: | ||
| − | * '''Exclusion of confessions''' - The most common method of defense is to argue that the defendant's confession should be excluded because it was produced by illegal means. The [[Exclusionary Rule | exclusionary rule]] should apply not only to the confession, but to all evidence produced as a result of the confession. This would be the case in the United States, subject to certain limitations. There are several opportunities to raise this defense in a common law system: | + | * '''Exclusion of confessions''' - The most common method of defense is to argue that the defendant's confession should be excluded because it was produced by illegal means. The [[Exclusionary Rule | exclusionary rule]] should apply not only to the confession, but to all evidence produced as a result of the confession. This would be the case in the United States, subject to certain limitations.<ref> See,[[Exclusionary Rule | exclusionary rule]]</ref> There are several opportunities to raise this defense in a common law system: |
** '''Arraignment / Bail''' - This may be the earliest opportunity for a criminal defense attorney to raise a defense for the client. At this early stage, the defense attorney should argue that the case should be thrown out because defendant's confession was induced by torture or that the confession evidence should have no bearing on the bail motion. | ** '''Arraignment / Bail''' - This may be the earliest opportunity for a criminal defense attorney to raise a defense for the client. At this early stage, the defense attorney should argue that the case should be thrown out because defendant's confession was induced by torture or that the confession evidence should have no bearing on the bail motion. | ||
** '''Pre-trial motions''' - The defense attorney should file for a motion ''in limine'' excluding any evidence of a confession induced through torture. | ** '''Pre-trial motions''' - The defense attorney should file for a motion ''in limine'' excluding any evidence of a confession induced through torture. | ||
