China (Mandarin Chinese)

Discusses some of a defense lawyer’s professional and ethical responsibilities towards his clients, including: Fiduciary Duties, Avoiding Conflicts of Interest, Confidentiality, Competence, Due Diligence, and Professionalism.

Introduces the practical application of legal ethics and ethical professional conduct in common circumstances faced by practitioners, in particular, criminal defense practitioners.

Helps defense attorneys understand their role in protecting their client's rights.

Working Documents Part 1

How to review, manage, and evaluate the wealth of information found in a case file using various tools such as players lists, family trees, issues lists, tasks lists, indices, and questions lists.

Demonstrates through video how a lawyer explains the judicial system to the client, what a lawyer does, how the case will proceed

Demonstrates through video how a lawyer learns the interrogation facts from the client: two scenarios one neglect, one with abuse, Xi'an lawyer on video explains how to move for exclusion of illegal evidence (abuse)

Demonstrates through video how a lawyer learns the crime facts from the defendant, the lawyer explains the client's rights, the issue of confidentiality

Demonstrates through video how a lawyer obtains social background information, how this information is used for bail and mitigation

Overview of the CPL provisions related to the pre-trial stage and steps a criminal defender should take in the pre-trial stage.

Introduces some of the issues that Defenders will face when representing client’s at the PSB stage.

How to submit a defense opinion to the procurator. Also touches on reviewing the case file, meeting with the client, and collecting evidence.

Reiterates that it is defenders' fundamental obligation to know all relevant facts. It introduces defense lawyers to some practical tools for reviewing case files and organizing information to use in a client’s defense.

Overview on trial preparation including how to use a trial notebook, how to develop a defense strategy, and how to prepare documents such as a defense submission to submit to court.

The purpose of this module is to assist Defenders in identifying what issues need to be addressed at a pre-trial hearing and what to prepare for a pre-trial hearing. In order to do that, we will first discuss the establishment of the pre-trial conference, the functions of the pre-trial conference, and then the applicability of the pre-trial conference.

Explains the procedure, and when, and when not, to push for defenders' client to reconcile, and explores practical and ethical problems with the reconciliation procedure.

Lawyers need to understand the new plea leniency system in order to know how to present this option to their clients, answer any of the accused’s questions about whether and how to plead guilty, and to ensure that the accused’s rights are protected at all times throughout the plea process.This module covers some basic definitions of the plea leniency system, the applicable scope, the applicable principles, the protection of the criminal suspects and defendants’ rights in the procedure, and the protection of the rights and interests of victims, and special considerations for minors.

In this module, lawyers learn details about the plea leniency system process during the investigation phase, the examination for prosecution phase, and the trial phase. They also learn about what to do if a client wishes to withdraw their plea.

Reiterates that it is defenders' fundamental obligation to know all relevant facts. It introduces defense lawyers to some practical tools for reviewing case files and organizing information to use in a client’s defense.

How to review, manage, and evaluate the wealth of information found in a case file using various tools such as chronologies.

How to review, manage, and evaluate the wealth of information found in a case file using various tools such as players lists, family trees, issues lists, tasks lists, indices, and questions lists.

Introduces defenders to the fact that it is the State’s obligation to discover relevant information so the Defendant is aware of the evidence against them, and to allow a defense to be offered to this evidence. It explains the circumstances when the Defender and Defendant are obliged to discover information to the prosecution and Court

Demonstrates through video how a lawyer learns the interrogation facts from the client: two scenarios one neglect, one with abuse, Xi'an lawyer on video explains how to move for exclusion of illegal evidence (abuse)

Demonstrates through video how a lawyer obtains social background information, how this information is used for bail and mitigation

Defending Fan He

Uses the context of the Fan He case to go over the skills lawyers should master before meeting with witnesses, including preparation, communication, confirming accounts, and more.  Has user analyze the positives and negatives of an example interview between Gu Du, Xi Wang and a witness. 

Gu Du and Xi Wang make an application to obtain the missing statement of Fan He. Goes over when lawyers need to obtain evidence, who they should apply to, and the procedures for obtaining it.

Illustrates how to analyze forensic evidence by considering an expert report on a shoeprint, knife, and knife wound.

Introduces practitioners to the skills and pointers on how to handle confessions, and to advocate for clients who wish to retract their confession

An overview of crime scene forensic investigations. Covers the scope of the on-site investigation, key steps in crime scene investigation, and how to draw links between the client, the crime scene, the act, and the victim.

Part 3A will introduce fingerprint traces, explore the source of this trace, and the different levels of information it contains. We will discuss how to process this information through the scientific method of ACE-V, which is usually mastered by any expert in this field. By understanding each step of this method, you will understand the main points in the area of fingerprint traces that need to be challenged in court.

This module introduces DNA evidence and helps lawyers to understand types of DNA traces and where they may exist in the scene, understand the correct extraction method, the natureo f information these traces can provide, and the key steps of trace analysis and interpretation.

Unit C of Part III introduces footprint evidence and explores the source of this trace and the different levels of information it contains. We will discuss how to process this information through the scientific method of ACE-V, which is usually mastered by any expert in this field. By understanding each step of this method, you will understand the main points of the evidence against your client's footprint that needs to be challenged in court.

In this section, we will discuss communication issues between experts and lawyers. In essence, we will review the key points that may endanger the quality of scientific evidence, as well as the key points that may be raised during the investigation and trial of the defense lawyer, to test the strength of the evidence presented by the experts.

Introduces defenders to the knowledge and skill in the identification of fire scenes and cause of death in order to analyse the work of forensic appraisal reports issued by the judge. It aims to help defenders to develop defense strategy and safeguard clients' greatest interests.

Introduces practitioners to the skills and pointers on how to handle confessions, and to advocate for clients who wish to retract their confession

Introduces the defense lawyer to the basic information about digital data, the procedures for collecting and using digital data, reviewing digital data, and the method of impressioning evidence. It aims to help lawyers to know how to use digital data in criminal defense.

This module provides an update on more recent developments in the law regarding digital evidence. This module covers updates in the definition and scope of digital evidence, the rules of collecting and extracting digital evidence, and how to verify the digital evidence’s authenticity, integrity, and legality. For an introduction to this topic, please view our other two modules in this series on digital evidence.

Reviewing the Substantive Law

Case study in developing the theory of the case with the example of Fan He. Goes over the facts of the case and tests the user's ability to categorize them, and has them develop an example theory of their own.

In light of the special nature of death penalty cases, it analyzes related legislation and judicial practice of death penalty cases, as well as provides defense recommendations for criminal defense attorneys by considering things such as substantive law, procedural law, and government policy on the death penalty.

Introduction of cross-examination as a method of critical thinking about evidence. Reviews testimonial errors, specifically the distinction between mistakes and lies, and methods of exposing and dealing with them.

Case study of the cross-examination process with Mrs. Mihu Li. Gives strong and weak examples of a cross-examination of a witness believed to be mistaken in her testimony.

Considers how one deals with lies in a cross-examination. Reviews the motives behind intentional deceit, and general principles for exposing it. Gives an example of using the case of Mr. Foolish and Mr. Deceit.

What is an expert? When should a defense lawyer use an expert?

How does a defense lawyer find an expert, and how should a lawyer properly work with an expert?

Brief overview of mental health and mitigation and discusses the importance of conducting a life history investigation of the client in order to discover significant events which might have impacted the client's neurological development.

Introduces the defense lawyer to the impact of brain damage and neurological deficits on a client’s mental functioning. What are the signs and symptoms of brain damage, and what types of questions should a lawyer ask of the client and his family members?

Introduces the defense lawyer to the impact of mood disorders on a client’s mental functioning. What are the signs and symptoms a lawyer should be looking for when meeting with his client?

Introduces the defense lawyer to the impact of trauma on a client’s mental functioning. Questions discussed in this module include: What is the clinical definition of trauma? And what are the risk factors of PTSD?

Discusses the types of questions counsel should ask his client to determine the existence and impact of traumatic life events. Also provides a brief overview of the neurological impact of trauma.

Introduces the defense lawyer to the rule and procedures of compulsory medical treatment in criminal procedural law.

Introduces the defense lawyer to the idea of Intimate Partner Battering, a type of Post-Traumatic Stress Disorder suffered by victims of domestic abuse. It explains how a defender might use evidence of Intimate Partner Battering to explain the woman’s behavior to a judge

This module provides a brief discussion on the rights of criminal defendants in drug cases, including an overview of the laws and regulations governing drug crimes in China, the types of drug crimes in China, procedural issues in the trial of drug crimes, and sentencing of drug crimes.

This module provides an overview of the laws governing the death penalty in China, the crimes punishable by the death penalty, the two different types of death penalty, those exempt from the death penalty, the legal process of death penalty cases, and rights specific to accused facing the death penalty.

This module is divided into three parts. The first part looks at the difficulties in the defense of drug cases, and lays the foundations for our further explanation. The second part enters the specific issues of drug case defense, introduces the relevant issues of evidence defense, and introduces the examination techniques of drugs, the core evidence, from three perspectives: the source of the drugs, the weight, and the identification. The third part introduces the relevant content of the actual defense。

In light of the special nature of death penalty cases, the teaching purpose of this module is to analyze related legislation and judicial practice of death penalty cases, as well as provide recommendations for criminal defense attorneys by considering things such as substantive law, procedural law, and government policy on the death penalty.

Lawyer Wei Wei has a case and needs assistance applying the sentencing guidelines. Includes links to the guideslines and scholarly article on the guidelines

Wei Wei meets with his mentor to review the arguments

Wei Wei meets with his mentor to review the written materials

Wei Wei makes his argument to the court

The module explains the principles of persuasive oral and written advocacy and ends with a different lawyer making the same sentencing argument using the techniques of persuasive storytelling

Explains the procedure, and when, and when not, to push for defenders' client to reconcile, and explores practical and ethical problems with the reconciliation procedure.

In light of the special nature of death penalty cases, it analyzes related legislation and judicial practice of death penalty cases, as well as provides defense recommendations for criminal defense attorneys by considering things such as substantive law, procedural law, and government policy on the death penalty.

Introduces the defense lawyer to the appeals framework and practical skills in preparing and prosecuting appeals.

Introduces defenders to the concept and characteristic of vulnerable group, the reason and importance of relieving them, and the way and method of providing judicial remedy to vulnerable clients.

Researches the reason, distinguishing feature and related laws behind female crime. Introduces defenders to the issues that need to pay great attention when defending female.

Introduces the defense lawyer to the idea of Intimate Partner Battering, a type of Post-Traumatic Stress Disorder suffered by victims of domestic abuse. It explains how a defender might use evidence of Intimate Partner Battering to explain the woman’s behavior to a judge

Introduces defenders to the features for defending minority people, relevant laws and regulations and special minority criminal policy, and defense strategy and skills they need when representing minority clients

In light of the special nature of minors, it researches and discusses the special characteristics of crimes committed by minors, and helps the defenders to understand special baseline legal principles for protection of minors and how to perform their duty as a defender.

In order to better represent clients with disabilities, lawyers need to have a better awareness of different types of disabilities, how these might affect their communication with clients, and how to treat clients with dignity. This module will provide lawyers with tips on how to communicate with clients with different types of disabilities in a respectful manner, and general information on regulations regarding accessibility for public legal service platforms.

Introduces defenders to the specialty of Defending Mentally Disabled Criminal Suspect, related Laws and Regulations, and Defense Strategy.

Introduces defense lawyers to the circumstances when a client may be excused from criminal liability due to mental illness, the procedure for a Forensic Psychiatric Evaluation, and pointers on how to assist clients’ who have a severe mental illness.

Aims to help defenders to understand: how to work with mentally ill clients; the effect on sentence; and how to present successful arguments in sentence mitigation submissions.

Introduces the defense lawyer to the rule and procedures of compulsory medical treatment in criminal procedural law.

Updated version of Module 45: Brief overview of mental health and mitigation and discusses the importance of conducting a life history investigation of the client in order to discover significant events which might have impacted the client's neurological development.

Lawyers need to be aware of possible undiagnosed mental illnesses in their clients. In order to do so, a lawyer should have a general understanding of mental illnesses, be aware of the different types and ranges of mental illnesses, and be aware of some of the symptoms of mental illness.

Provides an overview of the role of the lawyer in determining criminal responsibility, and in compulsory treatment procedures. Also covers the procedural rights of the defendant with mental Illness in compulsory treatment procedures.

Introduction of the case of Fan He: Fan He explains what he told his lawyers and what they said they would do: Case file documents introduced. Review of lawyer /client relationship (video)

Overview of the CPL provisions related to the pre-trial stage and steps a criminal defender should take in the pre-trial stage.

Reviewing the Substantive Law

Glosses a "theory of the case" as a short, positive and sensible story of what happened constructed from the facts of the case, and reviews how to produce a winning strategy developed from the law and the theory of the case. Goes over the classification of facts, their organization in chart form, and how to deploy them effectively in a defense.

Case study in developing the theory of the case with the example of Fan He. Goes over the facts of the case and tests the user's ability to categorize them, and has them develop an example theory of their own.

Defending Fan He

Uses the context of the Fan He case to go over the skills lawyers should master before meeting with witnesses, including preparation, communication, confirming accounts, and more.  Has user analyze the positives and negatives of an example interview between Gu Du, Xi Wang and a witness. 

Gu Du and Xi Wang make an application to obtain the missing statement of Fan He. Goes over when lawyers need to obtain evidence, who they should apply to, and the procedures for obtaining it.

Illustrates how to analyze forensic evidence by considering an expert report on a shoeprint, knife, and knife wound.

Overview on trial preparation including how to use a trial notebook, how to develop a defense strategy, and how to prepare documents such as a defense submission to submit to court.

Demonstrates through sample questions four different types of questions to be used in questioning witnesses in court: open-ended questions, closed questions, leading questions, and compound questions.

Eighth amendment -Death Penalty, New Crimes, and the addition of "Grevious Circumstances"