Difference between revisions of "India Criminal Defense Manual - Various Defense Strategies"
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* What laws define the elements of a crime? Are these laws contradictory with each other? | * What laws define the elements of a crime? Are these laws contradictory with each other? | ||
* How much evidence must be presented in order to sufficiently meet all the required elements of the accused crime? What are the elements of the crime that the client should have been charged with, but was not? | * How much evidence must be presented in order to sufficiently meet all the required elements of the accused crime? What are the elements of the crime that the client should have been charged with, but was not? | ||
| − | * Does the evidence presented meet the evidence requirements for all the elements of the alleged offense? What are the legal stipulations regarding evidence for elements of the accused crime? What evidence | + | * Does the evidence presented meet the evidence requirements for all the elements of the alleged offense? What are the legal stipulations regarding evidence for elements of the accused crime? What evidence supports the prosecution's case? What evidence is not consistent with the prosecution's argument? |
| − | supports the prosecution's case? What evidence is not consistent with | + | * If the prosecutor cannot present sufficient evidence to support the charged offense or even support a lighter offense, the legal aid lawyer shall point out the insufficiency of evidence to thecourt and request that the court either judge the client as innocent or dismiss the charges. |
| − | the prosecution's argument? | ||
| − | |||
| − | charged offense or even support a lighter offense, the legal aid lawyer | ||
| − | shall point out the insufficiency of evidence to | ||
| − | that the court either judge the client as innocent or dismiss the charges. | ||
HAS THE STATUTORY TIME LIMIT FOR CRIMINAL | HAS THE STATUTORY TIME LIMIT FOR CRIMINAL | ||
PROSECUTION EXPIRED? | PROSECUTION EXPIRED? | ||
