Difference between revisions of "Vietnam Criminal Defense Manual - Preparation of the defense"
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'''Coerced-Internalized False Confession''' | '''Coerced-Internalized False Confession''' | ||
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| − | + | * The belief of guilt without actual memory of the event | |
| − | + | * Memory disturbed because of amnesia or other causes. | |
| − | + | * Coercive tactics and techniques used to cause self-doubt | |
| − | + | * Coercive tactics and techniques used to create a false reality | |
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| − | + | '''Coercion Interrogation Techniques''' | |
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| + | * Repeated statements by investigators of your client's guilt | ||
| + | * Repeated reminders of memory problems | ||
| + | * Withholding information that might suggest guilt | ||
| + | * Isolation from family, friends and/or legal defender | ||
| + | * Lengthy interrogation | ||
| + | * Interrogation with emotional intensity | ||
| + | * Statements of scientific evidence without explanation and/or truth | ||
| + | * Creating an atmosphere where the accused may fear denying guilt | ||
| + | * Physical threats | ||
| + | * Physical abuse | ||
| − | + | '''Linguistic Responses to a Coerced Interrogation''' | |
| + | * "I guess I must have . . ." | ||
| + | * "I think I did this next . . ." | ||
| + | * "If what you said is true, then . . ." | ||
| + | * "I just want to get this over with . . ." | ||
| + | * "If I tell you what happened, can I go home?" | ||
| − | + | '''Practice Point No. 9:''' | |
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| + | The legal defender must be involved when the accused is being interrogated. See CPC Articles 131, 132, establishing the rights of the accused and his legal defender during an interrogation | ||
| − | + | == Elements of the Crime == | |
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| + | Defenses to criminal charges often appear like flickers of light only to be extinguished by new evidence or a change in circumstances. Similarly, new defenses can rise like flames and burn so bright that the truth of innocence is obvious to all. In either case, it is important to know the defenses that apply to the most common crimes. | ||
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| + | '''Practice Tip No. 10:''' | ||
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| + | A court must determine whether a criminal act had been committed. See, CPC Article 63, which states what facts are required to be proved in a criminal case. See also, VCC, Article 8, The Definition of a Crime. | ||
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| + | The formulation of a defense begins with the elements of the crime charged. The elements define the crime. If the elements of the crime are proved, the accused will be found guilty. On the other hand, if the elements of the crime are not proved to exist, the accused must be set free. In this way, the elements of a crime are like a three-legged chair; if you take away one leg of the chair, the chair will fall. Like the chair, if you take away one element that defines a criminal charge, the charge must fall. | ||
8a Elements of Common Crimes | 8a Elements of Common Crimes | ||
