1the Defence Lawyers

The questions below are propositions only !

Questions to the police :

How long did it take you to get to the scene of the incident?

You said that you had problems controlling the accused, can you explain more precisely?

Was there anything that the accused said or done that made you act in such a way?

Have you ever arrested the accused before?

Did you know about the problems of the accused before the incident in question?

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Questions to the Mayor :

Do you think homelessness in this city is a problem?

Are there more homeless people now or 20 years ago?

Do you think it is a good thing putting the accused in prison?

Do you think that most homeless people have problems with drink and drugs?

Have you put in place any rehab centers to help people like this?

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Questions to the witnesses :

Did you ever see the accused before the incident in question?

Do you think the accused deserved to be treated like that by the police?

Do you think homeless people are a problem in this city?

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Questions to the psychiatrist/psychologist :

When was the first time the accused came to you for consultation?

Is the treatment the accused is taking adapted ?

Did you know the accused had a problem with alcohol and drugs?

Were you familiar with the family situation of the accused?

Has the accused ever been hospitalized in a psychiatric unit?

Do you think the accused should be hospitalized in a psychiatric unit?

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Questions to the charity association:

Have you any other people as bad as the accused who come to you for help?

Will you accept if the accused comes back to you looking for help?

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Questions to the social assistants:

Have you a lot of people to take care of?

How often, in general, do you see your 'patients'?

Were you familiar with all the family & financial problems of the accused?

Did you know how serious the drug and alcohol problem was?

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Questions to the Alcoholics Association:

How many members are in your association?

Is there just one group or many groups and if so, how many members are in each group?

What type of advice did you give him?

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Questions to the shop owners:

Do you know the accused?

How often have you seen the accused before this incident?

Did you ever call the police before because of an incident like this?

Did you know about all the family & financial problems of the accused?

If you had known about all the problems, would you have second thoughts about calling the police?

Did you use any verbal or physical violence against the accused?

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Questions to the accused:

A certain amount of improvisation is necessary - it all depends on what the accused says

- Mental health issues :

.her mental state is not stable

.behavioural problems

.depressive

.alcoholic

- Her situation :

.homeless

.alcoholic

.alone (and feels lonely with she has no one to talk to)

- What's happened ? :

.throwing stones

.insulting passers-by while complaining about the behaviour of the townspeople

- Her past :

.she lost her job = she couldn't pay off the loan on her house

.she fell into a minimal form of alcohol addiction

.her husband left her

.because of her situation she doesn't see her children anymore

.she lost custudy of her children

- Her everyday behaviour:

.she is always smiling

.she is polite = says "hello" and "goodbye"

.she often goes to a charity association

.she is a member of an alcoholics anonymous association = that shows she wants to seek help / she wants to solve her problems

- Conclusion :

.My client should be acquitted because :

-she has a really complicated situation

-she has mental health problems

………BUT

-she is nice with people, she's polite

-she wants to get help = she wants to become a better person

………SO

.We have to :

-help her get out of this bad situation

-to get better mentally

- to get custody of her children

Mr. Chairman, Madam, Sir.

The accused spent 3 weeks in pre-trial detention, of course his criminal record does not plead in his favor, of course the facts with which he is accused today are serious and have serious consequences for the accused here present. But we cannot fully understand the personality of the accused if we do not look into his past and background.

This is why we are going to look at Timothy's past. Timothy was married and had a daughter. One evening he decided to leave his daughter to his sister in order to spend an evening with his wife. He invited his wife to a restaurant where they had dinner and drank a lot, to the point where he ended up drunk. At the end of the evening when it was time to go home, Timothy was in no state of driving. Nevertheless, he made the decision to return home by car. They had an accident, his wife died instantly and he managed to survive with serious long-lasting injuries. Following this accident, Timothy lost the custody of his daughter.

Since he lost custody of his daughter, his life has not been the same. Timothy fell into a deep depression, he lost his job and hadn't any money to pay his rent. He ended up being evicted and became homeless. Once in the street, he continued to drink heavily while taking drugs every day until the moment when this incident happened.

In France 133,000 people sleep outside. They find refuge where they can on a sidewalk, under a bridge or in a railway or bus station. My client is one of those people. They don't choose to be on the streets. They suffer from a lack of food and care. In France, cities prohibit begging in the street or rummaging in trash cans because residents cannot bear to see misery at the doorsteps of their homes. Therefore, instead of finding solutions, they move misery out of sight and try to forget it exists. Some cities even go so far as to replace benches with individual seats, install spikes on walls and / or studs in front of store windows to prevent homeless people from sitting or lying on benches in the city.

So, yes my client arrived in front of a store singing, yes he caused a fight because the seller refused to serve him a beer but I must remind him: "It is forbidden to refuse a consumer the sale of a product or service " (Article L. 121-11 of the Consumer Code). In other words, the professional cannot, in the name of his contractual freedom, refuse that you buy a product or a service that he offers for sale.

My client needs help, he needs to go to Rehab, to be reintegrated into society because he is currently excluded from society. He has nothing, neither housing nor work.

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Your Honour, ladies and gentlemen of the jury, we are here to clarify what remains of the life of the person who was tried, accused, by the so-called "peacekeepers". We all know here, after the speech of the social worker, that Mr. Nino has lived through difficult things and is still living through them today. What will become of him, deprived of the love of his parents who have separated from the woman with whom he has separated. You will certainly tell me that time will erase this tragic and painful episode of our client's life, well No! Mr. Nino has been living on the street for a long time and neither you nor I would like to be in his place. Don't forget that Mr. Nino was a fair man, and a good man when you see what he was going through, a good employee, passionate about his job and what he did, a man who loved his wife above all else. You have heard the testimony of the police officers, how many times have we heard about police blunders, if I tell you what happened that night was also one, given the state that our client is in. Ladies and gentlemen of the jury, these men have no excuse, their act is unforgivable. They are monsters, there is nothing human about them. How can a human being attack a poor man in this way, our client has nothing left. Unfortunately, he lives with the bare minimum. Besides, he did not act impulsively, on the contrary: he acted quite calmly. Moreover, not only does the accused have nothing, but I would like to know, Mr. Witness 1, how he was able to get an axe? Don't forget that he lived on the street for some time. If Mr. Nino had had the money to buy an axe, I can tell you that he would have bought food instead of alcohol and would have ended up completely drunk instead of starving. Let's get back to the police officers, wouldn't one have been enough? Besides there are two of you, why are you so hard on him? Ladies and gentlemen of the jury, the theft that our client committed does not justify the aggression that he suffered, because yes he committed a theft but as one person out of three does it , why so much hatred towards the poor. Don't let yourself be influenced by these testimonies which are for the most part false. These men, who are as everyone calls them "peacekeepers", are they not acting out of fear, fear of revenge? The accused has all the power over them. There is no reason for one man to slaughter another. While I can understand Mr. Nino being in a state of deep anger last night, one never has the right to take justice into one's own hands, even for the best of reasons. The real question is whether police officers will take responsibility for their actions. I ask you, officers, are you capable of taking responsibility for your actions? My answer is "no," ladies and gentlemen of the jury. Isn't it time, ladies and gentlemen of the jury, that justice was finally done? This man, I remind you, is on the street without any family, without any means of survival, without anything. That is why I ask you to declare Mr. Nino innocent of the facts of which he is accused and to hear the voice of my comrade.