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Jump to navigationJump to search- 17:12, 13 April 2010 diff hist 0 m Search of Persons and Premises (Zimbabwe) moved Search of Persons and Premises to Search of Persons and Premises (Zimbabwe)
- 17:12, 13 April 2010 diff hist +55 N Search of Persons and Premises moved Search of Persons and Premises to Search of Persons and Premises (Zimbabwe) current
- 17:11, 13 April 2010 diff hist 0 m Clients Held in Custody By Police (Zimbabwe) moved Clients Held in Custody By Police to Clients Held in Custody By Police (Zimbabwe)
- 17:11, 13 April 2010 diff hist +58 N Clients Held in Custody By Police moved Clients Held in Custody By Police to Clients Held in Custody By Police (Zimbabwe) current
- 17:10, 13 April 2010 diff hist 0 m Constitutional Provisions (Zimbabwe) moved Constitutional Provisions to Constitutional Provisions (Zimbabwe)
- 17:10, 13 April 2010 diff hist +50 N Constitutional Provisions moved Constitutional Provisions to Constitutional Provisions (Zimbabwe) current
- 17:10, 13 April 2010 diff hist +99 Zimbabwe Criminal Defense Manual - Pre-Trial Matters
- 17:07, 13 April 2010 diff hist +633 N Zimbabwe Criminal Defense Manual - Sentence Created page with '* General factors * Proof of previous convictions * Evidence on Sentence * Mitigation * Extenuation in murder cases * Aggravated features * [[Particular a�'
- 16:57, 13 April 2010 diff hist 0 m Zimbabwe Criminal Defense Manual - Verdict moved Verdict to Verdict (Zimbabwe)
- 16:57, 13 April 2010 diff hist +32 N Verdict moved Verdict to Verdict (Zimbabwe) current
- 16:57, 13 April 2010 diff hist +55 Zimbabwe
- 16:55, 13 April 2010 diff hist 0 m Zimbabwe Criminal Defense Manual - Rules of Evidence moved Rules of Evidence to Rules of Evidence (Zimbabwe)
- 16:55, 13 April 2010 diff hist +42 N Rules of Evidence moved Rules of Evidence to Rules of Evidence (Zimbabwe) current
- 16:54, 13 April 2010 diff hist 0 m Zimbabwe Criminal Defense Manual - Preparing for Trial moved Preparing for Trial to Preparing for Trial (Zimbabwe)
- 16:54, 13 April 2010 diff hist +44 N Preparing for Trial moved Preparing for Trial to Preparing for Trial (Zimbabwe) current
- 16:54, 13 April 2010 diff hist 0 m Zimbabwe Criminal Defense Manual - Jurisdiction of Courts moved Jurisdiction of Courts to Jurisdiction of Courts (Zimbabwe)
- 16:54, 13 April 2010 diff hist +47 N Jurisdiction of Courts moved Jurisdiction of Courts to Jurisdiction of Courts (Zimbabwe) current
- 16:53, 13 April 2010 diff hist 0 m Zimbabwe Criminal Defense Manual - Pre-Trial Matters moved Pre-Trial Matters to Pre-Trial Matters (Zimbabwe)
- 16:53, 13 April 2010 diff hist +42 N Pre-Trial Matters moved Pre-Trial Matters to Pre-Trial Matters (Zimbabwe) current
- 16:52, 13 April 2010 diff hist 0 m Zimbabwe Criminal Defense Manual - Defense Lawyer's Role and Responsibilities moved Defense Lawyer's Role and Responsibilities to Defense Lawyer's Role and Responsibilities (Zimbabwe)
- 16:52, 13 April 2010 diff hist +67 N Defense Lawyer's Role and Responsibilities moved Defense Lawyer's Role and Responsibilities to Defense Lawyer's Role and Responsibilities (Zimbabwe) current
- 16:51, 13 April 2010 diff hist +66 Zimbabwe
- 16:49, 13 April 2010 diff hist 0 m Zimbabwe Criminal Defense Manual - Introduction moved Introduction to Introduction (Zimbabwe)
- 16:49, 13 April 2010 diff hist +37 N Introduction moved Introduction to Introduction (Zimbabwe) current
- 16:48, 13 April 2010 diff hist +11 Zimbabwe
- 16:10, 13 April 2010 diff hist -10 Zimbabwe
- 16:09, 13 April 2010 diff hist +10 Zimbabwe
- 15:16, 13 April 2010 diff hist +1,251 N Retrieval of bail after acquittal (Zimbabwe) Created page with 'If the accused is acquitted, he is entitled to recover the bail which he paid to ensure that he stood trial on that charge. The Attorney General may not use review proceedings �'
- 15:15, 13 April 2010 diff hist +1,152 N Subsequent facts establishing innocence (Zimbabwe) Created page with 'Occasionally, after the accused has been convicted but before sentence is imposed, evidence comes to light which proves conclusively that he did not commit the offence, such as t�'
- 15:15, 13 April 2010 diff hist +2,813 N Change of Plea after verdict but before Sentence (Zimbabwe) Created page with 'Where an accused applies to withdraw a plea of guilty after he has been convicted but before sentence is passed there is no longer a presumption of innocence. The onus is on the �'
- 15:14, 13 April 2010 diff hist +2,402 N Alteration of judgment (Zimbabwe) Created page with 'Section 201(2) CPEA provides that if by mistake a wrong judgment was delivered, the judgment may be altered before or immediately after it is recorded. Not every mistake can be c�'
- 15:14, 13 April 2010 diff hist +131 N Public announcement of judgment (Zimbabwe) Created page with 'In terms of s 334(1) CPEA all judgments in criminal proceedings against persons aged 18 or above shall be pronounced in open court.'
- 15:13, 13 April 2010 diff hist +2,872 N Failure to give reasons for judgment (Zimbabwe) Created page with 'Unless reasons are given for a judgment it is impossible to determine how the ultimate conclusion was reached and whether it was reached on a proper reasoned basis. Merely to sta�'
- 15:12, 13 April 2010 diff hist +512 N Conviction of other charge without amendment of charge (Zimbabwe) Created page with 'A court cannot convict a person of a charge other than that with which she was charged without the charge first being amended. In Moyo 1994 (2) ZLR 24 (H) X had been charged with�'
- 15:09, 13 April 2010 diff hist +1,785 N Competent Verdicts (Zimbabwe) Created page with 'Criminal Law (Codification and Reform) Act Chapter XV deals with the issue of permissible verdicts (i.e. competent verdicts). A person charged with a crime may be found guilty i�'
- 15:09, 13 April 2010 diff hist +1,678 N Verdicts (Zimbabwe) Created page with 'The court will acquit X if it decides that he or she is not guilty. If X is charged in the alternative, the court may acquit X on the main charge but find X guilty on the alter�'
- 15:08, 13 April 2010 diff hist +351 N Zimbabwe Criminal Defense Manual - Verdict Created page with '* Verdicts * Competent Verdicts * Conviction of other charge without amendment of charge * Failure to give reasons for judgment * [[Public announcement of judgmen�'
- 15:03, 13 April 2010 diff hist +126 Zimbabwe Criminal Defense Manual - Criminal Law Code
- 15:00, 13 April 2010 diff hist +6,268 N Zimbabwe Criminal Defense Manual - Criminal Law Code Created page with 'The Criminal Law (Codification and Reform) Act brings together in one single statute all the major aspects of the Criminal Law. It codifies all the major aspects of the common la�'
- 14:57, 13 April 2010 diff hist +3,656 N Pre-conviction disclosure of previous convictions of accused and bad character (Zimbabwe) Created page with 'Normally it is totally impermissible for the State to prove the previous convictions of the accused before he has been convicted of the offence with which he is being charged. Th�'
- 14:55, 13 April 2010 diff hist +858 N Incompetent witnesses (Zimbabwe) Created page with 'Certain witnesses are not competent to give evidence according to the rules of evidence. For example, under s 246 CPE, "no person appearing or proved to be afflicted with a men�'
- 14:53, 13 April 2010 diff hist +1,482 N Previous consistent statements to police (Zimbabwe) Created page with 'A statement made by a State witness in a criminal case to the police, whether as an affidavit or otherwise, is not normally admissible in evidence unless he departs from it in a �'
- 14:53, 13 April 2010 diff hist -1 Previous inconsistent statements by State witnesses (Zimbabwe)
- 14:52, 13 April 2010 diff hist +5,743 N Previous inconsistent statements by State witnesses (Zimbabwe) Created page with ' == Hostile witness == A State witness may have made a statement to the police which was against the accused. However, when the case gets to court, because of his relationship t�'
- 14:47, 13 April 2010 diff hist +2,247 N Drawing adverse inferences from accused's silence (Zimbabwe) Created page with ' == Adverse inferences == In terms of the Criminal Procedure and Evidence Act the court may draw certain adverse inferences from the accused's silence at different stages. On th�'
- 14:46, 13 April 2010 diff hist +1,465 N Hearsay evidence (Zimbabwe) Created page with 'Hearsay evidence is testimony not of what the witness himself saw, heard or otherwise observed, but what he heard others say about the matter under investigation. The general rul�'
- 14:45, 13 April 2010 diff hist +1,453 N Circumstantial evidence (Zimbabwe) Created page with 'In the Commonwealth Magistrates Book this advice is to be found on circumstantial evidence: Means, motive and opportunity are all examples of what is called circumstantial evide�'
- 14:44, 13 April 2010 diff hist +1,537 N Handwriting evidence (Zimbabwe) Created page with 'There is provision for handwriting evidence to be given in terms of s 246 CPE. A non-expert may identify handwriting familiar to him, but when two samples of handwriting are not �'
- 14:44, 13 April 2010 diff hist -3 Identification evidence (Zimbabwe)
- 14:42, 13 April 2010 diff hist +7 Identification evidence (Zimbabwe)
- 14:41, 13 April 2010 diff hist +18,699 N Identification evidence (Zimbabwe) Created page with ' == Visual identification of persons == Human observation is very fallible and experience has shown that genuine errors can easily be made by witnesses who have identified culpr�'
- 14:35, 13 April 2010 diff hist +410 N Expert evidence (Zimbabwe) Created page with 'In order for a person to give expert evidence his special expertise must first be established. His professional qualifications and experience must be established: Makuni HH-75-84�'
- 14:35, 13 April 2010 diff hist +5,223 N Similar fact evidence (Zimbabwe) Created page with ' == General rule == Similar fact evidence is evidence of similar acts done previously by the accused. Similar fact evidence is not admissible if its only relevance is to show th�'
- 14:34, 13 April 2010 diff hist +889 N Lies by accused corroborating State case (Zimbabwe) Created page with 'The person you are defending may have told lies to the police during investigations. Under cross-examination by the prosecutor he may relate a story which is obviously false. The�'
- 14:33, 13 April 2010 diff hist -8 Accomplice evidence (Zimbabwe)
- 14:31, 13 April 2010 diff hist +55 Accomplice evidence (Zimbabwe)
- 14:28, 13 April 2010 diff hist +15,160 N Accomplice evidence (Zimbabwe) Created page with ' == Approach of courts == For a number of very cogent reasons the courts approach accomplice evidence with considerable caution. What are accomplices? An accomplice is a person�'
- 14:26, 13 April 2010 diff hist +4,823 N Evidence from children (Zimbabwe) Created page with ' == Approach of courts == Children often have vivid imaginations and have a tendency to fantasize. They may believe their fantasies and relate them as reality because they belie�'
- 14:25, 13 April 2010 diff hist +4,430 N Complainant evidence in sexual cases (Zimbabwe) Created page with ' == Approach of courts == In rape and other cases of a sexual nature, such as aggravated indecent assault, indecent assault and sexual relations with a person under the age of 1�'
- 14:24, 13 April 2010 diff hist +8,838 N Single witness evidence (Zimbabwe) Created page with ' == Approach of courts == Where there is only a single witness to the crime certain special evidential rules apply. A single witness may or may not also be a "suspect witness".�'
- 14:23, 13 April 2010 diff hist +1,665 N Corroboration (Zimbabwe) Created page with 'The evidence of certain classes of witnesses is insufficient, standing alone, as proof the facts deposed to. Such witnesses * for example, accomplices, young children and compla�'
- 14:22, 13 April 2010 diff hist +614 N Proof beyond reasonable doubt (Zimbabwe) Created page with 'The State is required to prove the guilt of the accused beyond reasonable doubt. Proof beyond reasonable doubt requires more than proof on a balance of probabilities. It is not, �'
- 14:22, 13 April 2010 diff hist +871 N Introduction to Rules of Evidence (Zimbabwe) Created page with 'The defence lawyer must be fully conversant with the rules of evidence. Most criminal cases turn on the facts and the inferences to be drawn from those facts, rather than on poin�'
- 14:22, 13 April 2010 diff hist 0 Zimbabwe Criminal Defense Manual - Rules of Evidence
- 14:21, 13 April 2010 diff hist +21 Zimbabwe Criminal Defense Manual - Rules of Evidence
- 14:21, 13 April 2010 diff hist +680 N Zimbabwe Criminal Defense Manual - Rules of Evidence Created page with '* Introduction * Proof beyond reasonable doubt * Corroboration * Single witness evidence * Complainant evidence in sexual cases * Evidence from children *�'
- 14:04, 13 April 2010 diff hist +1 Zimbabwe Criminal Defense Manual - Preparing for Trial
- 14:03, 13 April 2010 diff hist +1 Defense outline (Zimbabwe)
- 14:03, 13 April 2010 diff hist -13 Defense outline (Zimbabwe)
- 12:47, 13 April 2010 diff hist +8,896 N Defense outline (Zimbabwe) Created page with ' == In the magistrates court == Section 188(a) CPEA lays down that, if X pleads not guilty in a trial in the magistrates court, the prosecutor must first give an outline of the �'
- 12:37, 13 April 2010 diff hist +1,684 N Defense witnesses (Zimbabwe) Created page with 'It is obviously important to find out from potential defence witnesses what they actually know about the events in question. It is dangerous to rely upon what X or his relatives �'
- 12:36, 13 April 2010 diff hist +2,364 N Other defenses (Zimbabwe) Created page with 'The requirements for the various defences that can be raised in respect of criminal charges are set out in Chapter 14 of the Criminal Law (Codification and Reform) Act. Defence c�'
- 12:35, 13 April 2010 diff hist +6,445 N Mental disorder (Zimbabwe) Created page with 'If, as a result of his interviews with his client, the defence lawyer considers that the client is not mentally fit to stand trial, he or she should liaise with the prosecutor in�'
- 12:33, 13 April 2010 diff hist +6 Plea and Admissions (Zimbabwe)
- 12:33, 13 April 2010 diff hist -15 Plea and Admissions (Zimbabwe)
- 12:32, 13 April 2010 diff hist +4 Plea and Admissions (Zimbabwe)
- 12:31, 13 April 2010 diff hist +8 Plea and Admissions (Zimbabwe)
- 12:30, 13 April 2010 diff hist +4 Plea and Admissions (Zimbabwe)
- 12:30, 13 April 2010 diff hist +1,973 N Plea and Admissions (Zimbabwe) Created page with 'The final stage of pre-trial consultation, apart from discussing the witnesses you should call, is to discuss with your client how he is going to plead to the charge. Regarding�'
- 12:26, 13 April 2010 diff hist +8,873 N Taking instructions (Zimbabwe) Created page with 'Once the defence lawyer has understood the State case and has familiarised himself with the essential ingredients of the criminal offence which has been levelled against his clie�'
- 12:25, 13 April 2010 diff hist +765 N Defense Interviewing State witnesses (Zimbabwe) Created page with 'This will arise only on very rare occasions. Such interviews may only take place after the prosecutor has agreed to them. The prosecutor will only give consent if he has been giv�'
- 12:25, 13 April 2010 diff hist +400 N Perusal of statements of State witnesses (Zimbabwe) Created page with 'The High Court ruling in the case of Sithole 1996 (2) ZLR 575 (H) is important. The court decided that X is normally entitled to have access to the witness statements contained i�'
- 12:24, 13 April 2010 diff hist +353 N Plea bargaining (Zimbabwe) Created page with 'It may be that a client is prepared to plead guilty if the State reduces the charge to a lesser offence. The defence lawyer may engage in a process of plea bargaining with the p�'
- 12:24, 13 April 2010 diff hist +1,680 N Pre-trial discussion with Prosecutor (Zimbabwe) Created page with 'In the Prosecutors Handbook Reid-Rowland says this in Chapter 9: * Discussion of an impending prosecution with the accused's legal adviser is perfectly in order and indeed is �'
- 12:15, 13 April 2010 diff hist +731 N Further particulars (Zimbabwe) Created page with 'If the prosecution case is not clear, further particulars should be sought in terms of s 177 CPEA. Even though the charge may comply with s 146 CPEA, the legal practitioner may s�'
- 12:14, 13 April 2010 diff hist +934 N Summary of State witness testimony (Zimbabwe) Created page with 'When X is committed for trial in the High Court, the State is obliged to serve on X at the same time as the indictment is served a document listing the witnesses which the State �'
- 12:14, 13 April 2010 diff hist +400 N Material contained in police docket (Zimbabwe) Created page with 'The High Court ruling in the case of Sithole 1996 (2) ZLR 575 (H) is important. The court decided that X is normally entitled to have access to the witness statements contained i�'
- 12:14, 13 April 2010 diff hist +2 Charge (Zimbabwe)
- 12:13, 13 April 2010 diff hist +3,262 N Charge (Zimbabwe) Created page with 'The first task is to understand what the case against X is. The charge should be critically examined to see if it is legally competent and that adequate details have been provide�'
- 12:13, 13 April 2010 diff hist +350 N Relevant Documentation (Zimbabwe) Created page with 'Once the legal practitioner has informed the prosecutor dealing with the case that he is representing X, the prosecutor will normally provide the legal practitioner with a copy o�'
- 12:12, 13 April 2010 diff hist +445 N Zimbabwe Criminal Defense Manual - Preparing for Trial Created page with '* Relevant Documentation * Charge * Material contained in police docket * Summary of State witness testimony * Further particulars * [[Pre-trial discussion wi�'
- 12:00, 13 April 2010 diff hist +160 N Zimbabwe Criminal Defense Manual - Jurisdiction of Courts Created page with '* Place of Trial * Crimes Triable * Penalties imposable * Crimes committed outside Zimbabwe * Illegally bringing accused into jurisdiction'
- 11:56, 13 April 2010 diff hist +3,258 N Discovery of Mental Unfitness Before Trial (Zimbabwe) Created page with 'If, as a result of his interviews with his client, the defence lawyer considers that X is not mentally fit to stand trial, he should liaise with the prosecutor in the case so tha�'
- 11:55, 13 April 2010 diff hist +14,432 N Statements by Accused to Police (Zimbabwe) Created page with ' == Importance to police == The police must obtain evidence of the commission of the alleged crime in order to secure a conviction in court. Not infrequently the sole or primary�'
- 11:50, 13 April 2010 diff hist 0 Bail Pending Appeal (Zimbabwe)
- 11:49, 13 April 2010 diff hist +15 Bail Pending Appeal (Zimbabwe)
- 11:48, 13 April 2010 diff hist +16 Bail Pending Appeal (Zimbabwe)
- 11:42, 13 April 2010 diff hist +238 N Bail Pending Appeal (Zimbabwe) Created page with '* Cases in Magistrates Court * Cases in High Court * Criteria * Further applications for bail * Appeal against refusal of bail by High Court * [[Single Appeal�'
- 11:29, 13 April 2010 diff hist +2,457 N Grounds for refusal (Zimbabwe) Created page with 'The fundamental principle governing the court's approach to bail applications is to uphold the interests of justice. Section 117 (1) provides that, subject to this section and se�'
- 11:28, 13 April 2010 diff hist +595 N When and how can be applied for (Zimbabwe) Created page with 'X can make an oral application for bail at any time to a magistrate before whom he is appearing. A written application for bail must be in the form of a petition and must be acco�'
- 11:28, 13 April 2010 diff hist +692 N Application in High Court (Zimbabwe) Created page with 'The general power of the High Court to admit a person to bail no matter what charge has been levelled against him is set out in s 116(a) CPEA. However, this power is now subject �'
- 11:27, 13 April 2010 diff hist +2,920 N Application in Magistrates Court (Zimbabwe) Created page with 'Magistrates powers to grant bail or to alter bail conditions are now severely restricted. In terms of s 116(1)(b) CPEA, where X has been charged with any of the offences specifie�'
- 11:26, 13 April 2010 diff hist +1,273 N Procedure in bail case (Zimbabwe) Created page with 'In Ncube & Anor HB-126-02 the judge pointed out that bail applications are sui generis: there is no prescribed format or procedure. It is the duty of the presiding officer, with �'
- 11:25, 13 April 2010 diff hist +2,550 N General (Zimbabwe) Created page with 'The defence lawyer must be fully conversant with the factors which the courts take into account in deciding whether or not to grant bail. In taking instructions from clients, all�'
- 11:25, 13 April 2010 diff hist +691 N Bail Pending Trial (Zimbabwe) Created page with '* General * Procedure in bail case * Application in Magistrates Court * Application in High Court * When and how can be applied for * Grounds for refusal �'
- 11:15, 13 April 2010 diff hist +3,466 N Postponement of Cases (Zimbabwe) Created page with 'Instructions have been given to magistrates that they should hear in open court all applications for postponement of cases before they have commenced. (The same applies to postpo�'
- 11:08, 13 April 2010 diff hist +20 Zimbabwe Criminal Defense Manual - Remands
- 11:02, 13 April 2010 diff hist +101 N Zimbabwe Criminal Defense Manual - Remands Created page with '* Generally * Reasonable Suspicion * Unreasonable delay * Accused in Custody * Accused out of Custody'
- 10:55, 13 April 2010 diff hist -3 Search of Persons and Premises (Zimbabwe)
- 10:55, 13 April 2010 diff hist +4,195 N Search of Persons and Premises (Zimbabwe) Created page with ' == With warrant == For a search warrant to be valid it must satisfy the requirements set out in s 50(1) CPEA. A search warrant can be issued either by a judicial officer or by �'
- 10:53, 13 April 2010 diff hist +1,603 N Remedy for Unlawful Arrest and Detention (Zimbabwe) Created page with 'In Minister of Home Affairs & Anor v Bangajena 2000 (1) ZLR 306 (S) the Supreme Court stated that the deprivation of personal liberty is an odious interference and has always bee�'
- 10:50, 13 April 2010 diff hist +2,708 N Maltreatment of Client by Police (Zimbabwe) Created page with 'If, when the lawyer interviews his client in custody, he discovers that his client has been subjected to physical mistreatment in order to force him to confess, he should complai�'
- 10:50, 13 April 2010 diff hist +3,478 N Advice on Statement to the Police (Zimbabwe) Created page with 'Where the client has not yet made a statement to the police, the lawyer, having listened to what his client has to say, will have to decide on what advice to give his client abou�'
- 10:49, 13 April 2010 diff hist +901 N Taking Items to Client (Zimbabwe) Created page with 'The considerate lawyer will take to his client who is in custody some items to make his time in custody more comfortable, if these items can be made available by the client's spo�'
- 10:49, 13 April 2010 diff hist +2,601 N Interviewing Client (Zimbabwe) Created page with 'The main purpose of the interview of the client at the stage when he is still being held by the police will usually be to find out whether the police have reasonable grounds for �'
- 10:48, 13 April 2010 diff hist +248 N Presence of Legal Practitioner when Warned and Cautioned Statement Recorded (Zimbabwe) Created page with 'If the client has decided to make a warned and cautioned statement and has instructed his legal practitioner to be present when he makes this statement, the legal practitioner is�'
- 10:47, 13 April 2010 diff hist +1,617 N Access to Client (Zimbabwe) Created page with 'Having found out from the police why the client was arrested, the next stage is to obtain access to the client. The client has a right to access to his lawyer and the lawyer has �'
- 10:47, 13 April 2010 diff hist +1,051 N Ascertaining the Charge (Zimbabwe) Created page with 'Having located the client, the client should be visited at the police station or other place of detention as soon as possible. On arrival at the police station the first thing to�'
- 10:46, 13 April 2010 diff hist +5,382 N Locating Client (Zimbabwe) Created page with 'Lawyers may be engaged to represent persons who are in police custody and who have not yet been brought to court. In order for lawyers to protect the interests of persons in cust�'
- 10:45, 13 April 2010 diff hist +736 N Helping Police with Inquiries (Zimbabwe) Created page with 'Sometimes the police will say that the person in their custody has not been arrested but is simply "helping the police with their inquiries." In fact this person may often be a c�'
- 10:45, 13 April 2010 diff hist +2,667 N Special Provisions for Offenses in Ninth Schedule (Zimbabwe) Created page with 'Defence counsel should be aware of the fact that there are special provisions for prolonged detention of persons who are charged with offences in the Ninth Schedule of CPEA. Ther�'
- 10:44, 13 April 2010 diff hist +4,457 N Maximum Periods of Custody (Zimbabwe) Created page with 'Criminal defence lawyers must know the maximum periods that the police can hold their clients after they have arrested them. They must note that there are special provisions for �'
- 10:42, 13 April 2010 diff hist +4,635 N Lawful Arrest (Zimbabwe) Created page with 'Defence lawyers must know what constitutes a lawful arrest so that they can take appropriate action where their clients have been unlawfully arrested and detained. In cases of a�'
- 10:42, 13 April 2010 diff hist 0 Clients Held in Custody By Police (Zimbabwe)
- 10:40, 13 April 2010 diff hist +531 N Clients Held in Custody By Police (Zimbabwe) Created page with '* Lawful Arrest * Maximum Periods of Custody * Special Provisions for Offenses in Ninth Schedule * Helping Police with Inquiries * Locating Client * [[Ascerta�'
- 10:30, 13 April 2010 diff hist +1,652 N Constitutional Provisions (Zimbabwe) Created page with '* Every person is entitled to the protection of the law: 18(1). * Every person has a right to personal liberty, but a person can lawfully be deprived of liberty upon reasonable �'
- 10:29, 13 April 2010 diff hist +289 N Zimbabwe Criminal Defense Manual - Pre-Trial Matters Created page with '* Constitutional Provisions * Clients Held in Custody By Police * Search of Persons and Premises * Remands * Postponement of Cases * Bail Pending Trial *�'
- 10:20, 13 April 2010 diff hist -4 Zimbabwe Criminal Defense Manual - Defense Lawyer's Role and Responsibilities
- 10:20, 13 April 2010 diff hist +14,637 N Zimbabwe Criminal Defense Manual - Defense Lawyer's Role and Responsibilities Created page with ' == General == The duty of the lawyer in a criminal case is a dual one. He must defend his client competently and conscientiously, but he must also uphold and advance the intere�'
- 10:16, 13 April 2010 diff hist +7 Zimbabwe Criminal Defense Manual - Introduction
- 10:15, 13 April 2010 diff hist -2 Zimbabwe Criminal Defense Manual - Introduction
- 10:13, 13 April 2010 diff hist +1,641 N Zimbabwe Criminal Defense Manual - Introduction Created page with 'This Handbook is intended to give guidance to legal practitioners representing clients who are charged with criminal offences. It is particularly aimed at newly qualified legal p�'
- 10:12, 13 April 2010 diff hist +28 Zimbabwe
- 10:10, 13 April 2010 diff hist +313 N Zimbabwe Created page with 'Introduction Defense Lawyer's Role and Responsibilities Pre-Trial Matters Jurisdiction of Courts Preparing for Trial Trial Rules of Evidence [[Crimina�'
- 11:26, 8 April 2010 diff hist -12 Eyewitness Misidentification
- 11:25, 8 April 2010 diff hist -6 Closing Statements
- 11:25, 8 April 2010 diff hist -5 Rebuttal Examination
- 11:24, 8 April 2010 diff hist -6 Direct Examination
- 11:24, 8 April 2010 diff hist -3 Opening Statements
- 11:23, 8 April 2010 diff hist -3 Theory of the Case
- 11:23, 8 April 2010 diff hist -1 Evidence
- 11:22, 8 April 2010 diff hist -1 Crimes
- 11:21, 8 April 2010 diff hist -13 Client Interviews
- 11:17, 8 April 2010 diff hist +1 Client Interviews
- 11:14, 8 April 2010 diff hist -1 Evidence
- 11:13, 8 April 2010 diff hist -4 DNA
- 11:12, 8 April 2010 diff hist +1,515 N DNA Created page with 'We all possess specific DNA sequences, which act as genetic fingerprints. DNA is found in every cell of a human - blood, hair, skin, etc- often left at the scene of the crime. Th�'
- 11:10, 8 April 2010 diff hist +4 Evidence
- 11:10, 8 April 2010 diff hist +17 Hair
- 11:09, 8 April 2010 diff hist +646 Hair
- 11:08, 8 April 2010 diff hist -1 Hair
- 11:08, 8 April 2010 diff hist +2,950 N Hair Created page with 'Hair is one of the most common types of trace evidence. It varies extremely among both individuals and racial populations. Hair may in some cases rule out certain populations or �'
- 11:06, 8 April 2010 diff hist +4 Evidence
- 11:05, 8 April 2010 diff hist -1 Fingerprints
- 11:05, 8 April 2010 diff hist +837 Fingerprints
- 11:03, 8 April 2010 diff hist +1,721 N Fingerprints Created page with ' == At what stages are fingerprints utilized? == Fingerprint identification is utilized at many levels of the process. Fingerprints are commonly used in relation to: * Warrants �'
- 10:59, 8 April 2010 diff hist +3 Evidence
- 10:13, 8 April 2010 diff hist -14 The Role and Responsibility of a Criminal Defense Lawyer
- 10:12, 8 April 2010 diff hist -110 The Role and Responsibility of a Criminal Defense Lawyer
- 10:05, 8 April 2010 diff hist -2 The Role and Responsibility of a Criminal Defense Lawyer
- 10:05, 8 April 2010 diff hist +4,151 N The Role and Responsibility of a Criminal Defense Lawyer Created page with ' == Importance of A Defense Lawyer In The Criminal Justice System == The American criminal justice system is viewed as a three part system consisting of the judge and jury, the �'
- 09:58, 8 April 2010 diff hist -12,452 Ethics and Professional Responsibility
- 09:56, 8 April 2010 diff hist +12,450 N Relationship between Defense Lawyer and Defendant Created page with '== Relationship between defense lawyer and defendant == ===Formation of Attorney/Client Relationship=== The attorney/client relationship is formed when the defendant seeks advi�'
- 09:53, 8 April 2010 diff hist +36 Ethics and Professional Responsibility
- 09:51, 8 April 2010 diff hist -1 Ethics and Professional Responsibility
- 09:51, 8 April 2010 diff hist +1 Ethics and Professional Responsibility
- 09:50, 8 April 2010 diff hist -2 Ethics and Professional Responsibility
- 09:49, 8 April 2010 diff hist -3 Ethics and Professional Responsibility
- 09:49, 8 April 2010 diff hist +25 Ethics and Professional Responsibility
- 09:47, 8 April 2010 diff hist -1 Ethics and Professional Responsibility
- 09:44, 8 April 2010 diff hist +1 Ethics and Professional Responsibility
- 09:43, 8 April 2010 diff hist +3 Ethics and Professional Responsibility
- 09:42, 8 April 2010 diff hist +12,392 Ethics and Professional Responsibility
- 17:08, 7 April 2010 diff hist +1,452 Mental Incapacity
- 17:06, 7 April 2010 diff hist -1 Mental Incapacity
- 17:05, 7 April 2010 diff hist -2 Mental Incapacity
- 17:05, 7 April 2010 diff hist +1,765 Mental Incapacity
- 17:02, 7 April 2010 diff hist +111 N Lack of intent Created page with 'The defense lawyer can argue that the defendant lacked the required level of intent to commit the unlawful act.'
- 17:01, 7 April 2010 diff hist +8 Defenses
- 17:00, 7 April 2010 diff hist +393 N Defense of property Created page with 'Only nondeadly force may be used to defend property in one's possession (other than one's home) from unlawful interference. In terms of real property, interference means ent�'
- 16:59, 7 April 2010 diff hist +4 Defenses
- 16:59, 7 April 2010 diff hist -23 Defense of others
- 16:58, 7 April 2010 diff hist +685 N Defense of others Created page with 'A person who uses force to defend another person from violence can also be justified and thus not criminally responsible for the use of force. In certain countries like the Unit�'
- 16:58, 7 April 2010 diff hist +4 Defenses
- 16:57, 7 April 2010 diff hist +3,167 N Self-Defense Created page with 'Self-defense is a defense commonly asserted by someone charged with a crime of violence (murder, battery, etc.). If a defendant claims he acted in self-defense, he admits that h�'
- 16:55, 7 April 2010 diff hist +4 Defenses
- 16:54, 7 April 2010 diff hist +867 N Mistake of Fact Created page with 'This is a defense only if the mistake shows that the defendant did not have the state of mind required for the crime. Thus for crimes where no state of mind is required, mistake�'
- 16:53, 7 April 2010 diff hist +516 N Mistake of Law Created page with 'Under this defense, the defense lawyer must prove first that the accused can be found guilty of the alleged crime only if he deliberately broke the law, and second, that the accu�'
- 16:50, 7 April 2010 diff hist +14 Defenses
- 16:48, 7 April 2010 diff hist +560 Necessity
- 16:47, 7 April 2010 diff hist +1,937 N Intoxication Created page with 'Defendants who commit crimes under the influence of drugs or alcohol sometimes argue that their mental functioning was so impaired that they cannot be held responsible for their �'
- 16:47, 7 April 2010 diff hist +4 Defenses
- 16:46, 7 April 2010 diff hist +1,614 Entrapment
- 16:45, 7 April 2010 diff hist +482 Duress
- 16:44, 7 April 2010 diff hist +2 Alibi
- 16:44, 7 April 2010 diff hist +656 Alibi
- 16:38, 7 April 2010 diff hist -4 Defenses
- 16:37, 7 April 2010 diff hist +2,513 Defenses
- 16:32, 7 April 2010 diff hist +11 Ethics and Professional Responsibility
- 16:30, 7 April 2010 diff hist +2,150 N Ethics and Professional Responsibility Created page with ' == Ethics == The defense lawyer has several basic duties to his client and his role as a defense lawyer. * The defense lawyer serves as the defendant's counselor and advocat�'
- 12:07, 7 April 2010 diff hist +153 N Mistake of identity Created page with 'Under this complete defense, the defense lawyer argues that the defendant is innocent and what we are confronted with is an eyewitness misidentification.'
- 12:06, 7 April 2010 diff hist +4 Defenses
- 12:05, 7 April 2010 diff hist +148 Alibi
- 12:04, 7 April 2010 diff hist +169 N Alibi Created page with 'Alibi defense is used by the defense lawyer to argue that the defendant cannot have committed the unlawful act because he was in another place at that time of the crime.'
- 12:02, 7 April 2010 diff hist +4 Defenses
- 12:01, 7 April 2010 diff hist +143 N Entrapment Created page with 'Entrapment is a procedural defense under which a defense lawyer argues that a government official lured the defendant into committing the crime'
- 12:00, 7 April 2010 diff hist +4 Defenses
- 12:00, 7 April 2010 diff hist +83 N Lack of jurisdiction Created page with 'The court in which the case is brought lacks legal authority to adjudicate the case'
- 11:59, 7 April 2010 diff hist +4 Defenses
- 11:57, 7 April 2010 diff hist +1,924 Defenses
- 11:40, 7 April 2010 diff hist +802 Defenses
- 11:34, 7 April 2010 diff hist +525 N Criminal act with Sincere Intent Created page with ''Sincerity' refers to very sincere ideas or beliefs, or is used to describe somebody lacking in evil or malicious intent. The defense of 'crimes with sincere intent' usually appl�'
- 11:30, 7 April 2010 diff hist +39 Defenses
- 11:26, 7 April 2010 diff hist +123 N Physical Impossibility Created page with 'In this type of defense, the lawyer argues that it was physically impossible for the defendant to have committed the crime.'
- 11:25, 7 April 2010 diff hist +4 Defenses
- 11:24, 7 April 2010 diff hist +149 N Statutory Limitation Created page with 'In some cases, the defense lawyer can argue that the defendant cannot be prosecuted because the statutory limit for criminal prosecution has expired.'
- 11:23, 7 April 2010 diff hist +4 Defenses
- 11:22, 7 April 2010 diff hist +139 N Double Jeopardy Created page with 'Double jeopardy is a procedural defense that does not allow a defendant from being tried twice for the same crime on the same set of facts.'
- 11:21, 7 April 2010 diff hist +4 Defenses
- 11:19, 7 April 2010 diff hist +364 N Procedural defects Created page with 'This procedural defense argues that the prosecution did not follow the required legal procedures with the defendant. The defense lawyer must consider the following: * What proced�'
- 11:16, 7 April 2010 diff hist +4 Defenses
- 11:14, 7 April 2010 diff hist +4 Defenses
- 11:12, 7 April 2010 diff hist +35 Consent
- 11:12, 7 April 2010 diff hist +103 N Consent Created page with 'The defendant should not be held liable because the victim gave him/ her permission to commit the crime'
- 11:11, 7 April 2010 diff hist +4 Defenses
- 11:10, 7 April 2010 diff hist +463 N Mental Incapacity Created page with 'Under this defense, the lawyer argues that the defendant lacked the capacity to distinguish right from wrong or to understand the likely consequences of his/her actions Examples �'
- 11:09, 7 April 2010 diff hist +4 Defenses
- 11:07, 7 April 2010 diff hist +381 N Duress Created page with 'If the accused was forced or coerced to participate in the crime, the defense lawyer can argue the defense of being forced or coerced (duress). When many accuseds are involved in�'
- 11:04, 7 April 2010 diff hist +4 Defenses
- 11:04, 7 April 2010 diff hist +487 N Maltreated Women Syndrome Created page with 'Although some courts do not recognize this as a criminal defense, it can be considered secondary evidence for other defenses such as self-defense, defense from being coerced etc.�'
- 11:01, 7 April 2010 diff hist +4 Defenses
- 10:55, 7 April 2010 diff hist -6 Defenses
- 10:54, 7 April 2010 diff hist -32 Necessity
- 10:53, 7 April 2010 diff hist +334 Necessity
- 10:51, 7 April 2010 diff hist +302 N Necessity Created page with 'When the accused committed some crimes to avoid more serious damage, the defense of necessity can be adopted. If the accused exceeds the limits of necessity and causes undue dama�'
- 10:48, 7 April 2010 diff hist +4 Defenses
- 10:47, 7 April 2010 diff hist +28 Defenses
- 10:45, 7 April 2010 diff hist -1 Defenses
- 10:44, 7 April 2010 diff hist +1 Defenses
- 10:44, 7 April 2010 diff hist +151 Defenses
- 10:42, 7 April 2010 diff hist +27 Defenses
- 10:41, 7 April 2010 diff hist +215 Defenses
- 10:38, 7 April 2010 diff hist -10 Defenses
- 10:29, 7 April 2010 diff hist -3 Defenses
- 10:15, 7 April 2010 diff hist +424 Defenses
- 10:10, 7 April 2010 diff hist -1 Defenses
- 10:10, 7 April 2010 diff hist +1,328 Defenses
- 09:58, 7 April 2010 diff hist +643 Defenses
- 09:51, 7 April 2010 diff hist +3,022 Defenses