Difference between revisions of "India Criminal Defense Manual - Client Interview"
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2. Any witnesses or jointly accused persons who should be found; | 2. Any witnesses or jointly accused persons who should be found; | ||
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+ | 3. Any evidence of misconduct by the police or prosecutor that has infringed on the client's rights; | ||
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+ | 4. Any evidence that can be preserved; and | ||
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+ | 5. Whether your client is capable of attending the trial and his mental state at the time of the alleged crime. | ||
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+ | 6. The legal aid lawyer must try to answer the client's most pressing questions! | ||
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+ | 7. Try your best to meet your client's most urgent needs, for example, providing contact with his family members or employer, or providing him with medical or mental treatment! | ||
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+ | == CLIENT INTERVIEW CHECKLIST == | ||
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+ | ===Circumstances of the Arrest=== | ||
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+ | 1. First Interview | ||
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+ | a. When were you arrested? | ||
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+ | b. Where were you arrested? | ||
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+ | c. Who arrested you? | ||
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+ | d. Were you informed of the reason for your arrest? | ||
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+ | e. Did you understand the reason for your arrest? | ||
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+ | f. At the time of your arrest, were you shown an arrest warrant or summons? | ||
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+ | g. Were you able to read and understand the arrest warrant? | ||
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+ | h. Were you provided a copy of the warrant or summons? | ||
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+ | i. Were you informed of your legal rights? | ||
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+ | j. Was your family or work unit notified of the reasons for your detainment and of the place of custody? | ||
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+ | k. Where you presented before a Judicial Magistrate within 24 hours of your arrival at the police station? | ||
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+ | l. Did the Magistrate sanction you to remain in custody? If so, for how long? | ||
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+ | m. Were you presented a FIR or told on what grounds you were being detained? | ||