Difference between revisions of "Vietnam Criminal Defense Manual - Preparation of the defense"
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The above traits will help narrow the defense investigation. The traits will also help the defense attorney discover where a witness testimony is strongest and weakest. | The above traits will help narrow the defense investigation. The traits will also help the defense attorney discover where a witness testimony is strongest and weakest. | ||
Another area to inquire is how the witness reacted to the prosecutor's investigators. Were they led to their testimony or did they give testimony free from coercion or suggestion? This is especially important to know when a witness makes an identification of your client as the perpetrator of the crime. | Another area to inquire is how the witness reacted to the prosecutor's investigators. Were they led to their testimony or did they give testimony free from coercion or suggestion? This is especially important to know when a witness makes an identification of your client as the perpetrator of the 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. | 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. | ||
| − | + | '''Elements of Common Crimes''' | |
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Here are the general elements of common crimes along with factors that aggravate or mitigate the crime. | Here are the general elements of common crimes along with factors that aggravate or mitigate the crime. | ||
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| − | + | '''Murder:''' | |
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| − | + | * A death is confirmed | |
| − | + | * Intent to cause the death of a specific person | |
| − | + | * Intent to cause serious physical harm and death occurs | |
| − | + | * Intent to act in a manner that may cause physical harm or death and death occurs | |
| − | + | * An act that shows an extreme indifference to human life | |
| − | + | * When unaware of a risk of death, the accused unconsciously causes the death of another | |
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| − | + | '''Assault:''' | |
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| + | * Physical injury can be proved | ||
| + | * A threat is believed | ||
| + | * Intent to cause serious physical injury | ||
| + | * Use of a dangerous instrument or weapon | ||
| + | * Intent to cause physical injury | ||
| + | * An act that shows an extreme indifference to human life | ||
| + | * Multiple acts of violence | ||
| + | * A reckless act that causes physical injury | ||
| + | * The victim is placed in fear by an action or an object | ||
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| + | '''Theft:''' | ||
| − | + | * Property is taken from an owner | |
| − | + | * No force or threat was used | |
| − | + | * The value of the property taken | |
| − | + | * The accused possessed the property | |
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8a(4) Robbery: | 8a(4) Robbery: | ||
