Difference between revisions of "India Criminal Defense Manual - Client Interview"
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As mentioned, it is helpful to give control of the interview to the client at the beginning of the narrative segment of the interview. This allows the client to get his troubles "off his chest" by sharing it with you, the problem-solver, and most clients appreciate the opportunity to vent their frustrations, fears, anger, and anxieties. The only negative aspect of giving the client control is that he may tell you more than you need to know at this early stage. After listening to the client's narrative, repeat it back to him. In this way, the client will know that you have been carefully listening and that you understand his narrative. | As mentioned, it is helpful to give control of the interview to the client at the beginning of the narrative segment of the interview. This allows the client to get his troubles "off his chest" by sharing it with you, the problem-solver, and most clients appreciate the opportunity to vent their frustrations, fears, anger, and anxieties. The only negative aspect of giving the client control is that he may tell you more than you need to know at this early stage. After listening to the client's narrative, repeat it back to him. In this way, the client will know that you have been carefully listening and that you understand his narrative. | ||
| − | === | + | ===In the Client Interview, what Responsibilities does the Legal Aid Lawyer have?=== |
When interviewing the client, the legal aid lawyer must inform the client about what he can and cannot legally do to assist the client and must advise the client of his client's rights. | When interviewing the client, the legal aid lawyer must inform the client about what he can and cannot legally do to assist the client and must advise the client of his client's rights. | ||
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b. The right to have a lawyer protect his legal rights and interests. | b. The right to have a lawyer protect his legal rights and interests. | ||
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| + | The lawyer will work his utmost to defend his client's innocence or mitigate the client's sentence. | ||
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| + | c. Hearings are conducted in the spoken language commonly used in the locality-judgments, notices, evidence and other documents shall be issued in the written language of the court. If any | ||
| + | evidence is given in a language not understood by the accused and he is present in the court, it shall be interpreted to him in open court in a language understood by him. If client is represented by counsel and the evidence given is in a language other than the language of the court, and not understood by counsel, it shall be interpreted to counsel in that language. When documents are offered for the purpose of evidence it shall be in the discretion of the court to interpret as much of the document as appears necessary.<ref>Section 279 of the Criminal Procedure Code, 1973</ref> | ||
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| + | d. The evidence that the prosecution can present to the Court is limited to witness testimony, sworn affidavits (recorded by another Magistrate), statements made to the police only when the defense uses those statements to refute the witness's testimony (and only the aspects of the statement referred to by the defense in cross examination), expert testimony, genuine documents and properly seized evidence, and a verified First Information Report. | ||
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| + | e. Legal aid lawyers may collect information pertaining to the case and they may apply before the trial court to summon witnesses to appear in court and give testimony. | ||
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| + | f. If a Magistrate declines the request of the accused for summoning of defense witnesses that order may be set aside by the Superior Court on appeal.<ref>Section 233, 243, 254(2) of the Criminal Procedure Code</ref> | ||
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| + | g. The client has the right to refuse an unlawful search. If the client is not shown a search warrant before the search is to be conducted, then the search is probably unlawful. Any articles and documents discovered during an inquest or search that may be used to prove a criminal suspect's guilt or innocence may be seized, but articles and documents that are irrelevant to the case may not be seized. All seized articles and documents shall be carefully checked by the investigators jointly with the | ||
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| + | References | ||
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| + | <references/> | ||
