Difference between revisions of "India Criminal Defense Manual - Theory of the Case"

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During the course of investigation and preparation for trial, the lawyer should gradually build and develop a theory of the case, as well as continually revising it. A theory of the case consists of three parts: the relevant law, facts of the crime and emotional factors. In the court, a lawyer uses a theory of the case to tell the client's story. The storytelling is composed of three parts: the general theory of the case, several supporting sub-theories, and the oral presentation to the court. Varied tones of voice, proper rhythm and tempo in questioning, body language, communication with your eyes, and application of different rhetorical skills make for effective storytelling, creating an atmosphere that both keeps the audience in suspense and engaged and builds a positive environment for the argument of defense. It is in such an environment that the court will evaluate the evidence.  
 
During the course of investigation and preparation for trial, the lawyer should gradually build and develop a theory of the case, as well as continually revising it. A theory of the case consists of three parts: the relevant law, facts of the crime and emotional factors. In the court, a lawyer uses a theory of the case to tell the client's story. The storytelling is composed of three parts: the general theory of the case, several supporting sub-theories, and the oral presentation to the court. Varied tones of voice, proper rhythm and tempo in questioning, body language, communication with your eyes, and application of different rhetorical skills make for effective storytelling, creating an atmosphere that both keeps the audience in suspense and engaged and builds a positive environment for the argument of defense. It is in such an environment that the court will evaluate the evidence.  
  
== EXECUTION ==
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== Execution ==
 
   
 
   
 
1. A lawyer should build a general theory of the case centered on the client's best interests and based upon the actual situation, which will help him evaluate what choices to make throughout the defense process.  
 
1. A lawyer should build a general theory of the case centered on the client's best interests and based upon the actual situation, which will help him evaluate what choices to make throughout the defense process.  
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7. What emotional themes is the prosecutor most likely to use in his argument? How will you use your theory of the case and emotional theme to refute these emotional themes?
 
7. What emotional themes is the prosecutor most likely to use in his argument? How will you use your theory of the case and emotional theme to refute these emotional themes?
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8. Make a list of the prosecution witnesses with specific questions attached to their names. Briefly point out the questioning styles.
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9. Make a list of the defense witnesses, and under each of their names, write out how you plan to question them. Finally, briefly indicate the style of questioning.
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10. List your main desired objective when directly questioning the accused. How will the accused's testimony strengthen your theory of the case?
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11. What further investigation do you need to do to complete your theory of the case?
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12. Do you need to solve any problems with the evidence? Are these problems likely to strengthen or weaken your theory of the case? How will you explain the evidence that is inconsistent with your theory of the case?
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13. Make a brief, effective statement for your theory of the case.
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== Storytelling: Test your Theory of the case and Themes at Court ==
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To defend your client effectively, the lawyer must understand how to tell a story to the court. The more convincing and touching the story is, the more persuasive the argument becomes to the judge who ultimately decides the facts of the case. Every well-knit story needs a plot, and for a defense argument, a plot provides the best tool for explaining the facts of your
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theory of the case.
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'''Why must the legal aid lawyer use storytelling methods in the court?'''
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Storytelling allows the legal aid lawyer to set the stage, introduce the characters, create an atmosphere, and organize ideas into a carefully crafted narrative format, thereby impacting the way each judge perceives a given case. Without such a framework, judges will understand the evidence and testimony in accordance with the prosecutor's argument. Once the legal aid lawyer successful executes a framework, he can use the client's experiences to influence the judges' imagination, leading most judges to understand the evidence in the context of the client's past experiences.

Revision as of 10:22, 10 June 2010