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Effective Representation
Right to Effective Representation – a Fundamental Tenet of a Fair Trial
Right to Counsel under Pakistani Law
The Right to Counsel under International Law
The Right to be Represented by a Counsel of Choice
The Right to Competent and Effective Legal Aid
The Right to ‘Adequate Time and Facilities’ to Prepare a Defense
Effective Legal Representation: Best Practices
Building an Effective Lawyer-Client Relationship
Upholding your Client’s Rights
Preparing your Defense: Defense-Led Investigation
Preparing your Defense: Developing an Effective Case Theory
Defence-Led Investigation
Categorical Bars to Death Sentence and Execution
Juveniles cannot be sentenced to death
Insane persons and persons of unsound mind cannot be sentenced to death and / or executed
Pregnant women cannot be executed
Where an accused has caused death of his legal heir, he cannot be sentenced to death
When a complainant/legal heir of the victim is a direct descendant of an accused the accused cannot be sentenced to death
Mitigating factors
Type and gravity of the offence
Lesser participation
Lack of premeditation
Provocation
Life History Prior to Arrest
Partial Compromise with the victim’s family
Age of the offender
Acting under the influence of an elder
Physical disability
The Trial Stage
Where your client pleads guilty
Where your client pleads not guilty
Challenging the Guilty Mind
Failure to establish intention, guilty mind or motive of the accused
Challenging the Guilty Act
Unreliable witness testimony
Improper identification
Lack of evidence
Unreliable police investigation
Challenging the Death Sentence
‘Most serious crimes’ standard
Presumption in favour of life over death sentences
Death sentences should not be imposed for drug offences
Tainted confessions
Conviction and Sentencing
Appellate Stage
Case index
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Case index
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Case index
Acquittal
Age
Co-accused received lesser sentences
Compromise
Confession
Drug offences
Fasad-fil-arz
Heinous
Identification parade
Influence of an elder
Insufficient evidence
Lack of clarity about fatal injuries
Lack of motive
Lack of premeditation
Lesser participation
Life expectancy doctrine
Mental illness
Mitigating factor
Mitigating factors on appeal
Motive
Murder
Police misconduct
Presumption in favour of life
Provocation
Rape
Religion
Restraint
Robbery
Social and familial circumstances
Ta’zir
Tainted confession
Unreliable evidence
Witness testimony
Home
Effective Representation
Right to Effective Representation – a Fundamental Tenet of a Fair Trial
Right to Counsel under Pakistani Law
The Right to Counsel under International Law
The Right to be Represented by a Counsel of Choice
The Right to Competent and Effective Legal Aid
The Right to ‘Adequate Time and Facilities’ to Prepare a Defense
Effective Legal Representation: Best Practices
Building an Effective Lawyer-Client Relationship
Upholding your Client’s Rights
Preparing your Defense: Defense-Led Investigation
Preparing your Defense: Developing an Effective Case Theory
Defence-Led Investigation
Categorical Bars to Death Sentence and Execution
Juveniles cannot be sentenced to death
Insane persons and persons of unsound mind cannot be sentenced to death and / or executed
Pregnant women cannot be executed
Where an accused has caused death of his legal heir, he cannot be sentenced to death
When a complainant/legal heir of the victim is a direct descendant of an accused the accused cannot be sentenced to death
Mitigating factors
Type and gravity of the offence
Lesser participation
Lack of premeditation
Provocation
Life History Prior to Arrest
Partial Compromise with the victim’s family
Age of the offender
Acting under the influence of an elder
Physical disability
The Trial Stage
Where your client pleads guilty
Where your client pleads not guilty
Challenging the Guilty Mind
Failure to establish intention, guilty mind or motive of the accused
Challenging the Guilty Act
Unreliable witness testimony
Improper identification
Lack of evidence
Unreliable police investigation
Challenging the Death Sentence
‘Most serious crimes’ standard
Presumption in favour of life over death sentences
Death sentences should not be imposed for drug offences
Tainted confessions
Conviction and Sentencing
Appellate Stage
Case index
