Difference between revisions of "India Criminal Defense Manual - Questioning the Witness"

From Criminal Defense Wiki
Jump to navigationJump to search
Line 115: Line 115:
  
 
d. victim's injuries/mental health status
 
d. victim's injuries/mental health status
 +
 +
Defense evidence to identify or admit:
 +
 +
1. knowledge of accused's:
 +
 +
a. character
 +
 +
b. habits
 +
 +
c. mental health status/limitations
 +
 +
d. physical health status/limitations
 +
 +
e. business practice
 +
 +
f. family
 +
 +
2. knowledge of the crime scene
 +
 +
3. alibi evidence
 +
 +
4. new evidence, such as:
 +
 +
a. scientific testing
 +
 +
b. diagrams
 +
 +
c. reconstruction of the crime scene
 +
 +
d. results of mental health evaluation of accused
 +
 +
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.
 +
 +
== Preparing for the prosecution to question your client ==
 +
 +
1. The theory of most prosecution questions promotes the following false logic:
 +
 +
a. Story has changed from the original account or is different from the police's account,
 +
 +
b. The accused is lying, and so therefore,
 +
 +
c. He must have committed the crime.
 +
 +
2. Prepare your client for the prosecutor's tone.
 +
 +
3. Your client should answer the prosecutor as he or she answered you,

Revision as of 12:35, 10 June 2010

Retrieved from "https://defensewiki.ibj.org/index.php?title=India_Criminal_Defense_Manual_-_Questioning_the_Witness&oldid=2848"