1/ Thread (8) Young Lawyers who want to learn Criminal Law without help of any guide or mentor, may consider following points.
2/ 1) Criminal law is a "Tacit Knowledge" (Knowledge that is learned by doing a task. Just like learning to ride on a bicycle. Here the whole body learns the skill when a job is actually being done.)
3/ 2) To learn from a case, you must have access to some actual record of a criminal case.
4/ 3) Once you have got access to record of a criminal case, you will see that all papers there in are given some numbers like, Exhibit 1, Exh. 2, Exh.3 to Exh. 300 or more. These numbers are given by the Judges. The Judges have to base their judgement on these exhibits only.
5/ 4) Then follow Habit 3 from famous book "Seven Habits of Highly Effective People" by Sean Covey. This habit may be described as "First Understand and then try to make others understand your points".
6/ 5) To understand the record of this criminal case, start making some notes against each Exhibit in the record in format of two columns. In the First Column write Exhibit Numbers and in the Second Column write what that exhibit is and what YOU consider worth noting about it
7/; 6) By the time you have made notes against each Exhibit in case, you may have got full command of the case.
7) Once this exercise is done, take time to reflect and to review. You may begin to learn criminal law as a byeproduct of this exercise
8/ Let me know if this post gives you a tool to find ways to learn criminal law.
(For more, check posts on my LinkedIn profile)
(c) Haresh Raichura 11th February.2023.
9/ (For those who are interested in case study, I can say that I actually got an acquittal judgement for a husband, his father and mother in a wife suicde case by using the above method. The case is reported as Supreme Court of India
Indrajit Sureshprasad Bind & Ors vs State Of
10/ Gujarat on 18 March, 2013. Here, my arguments were based solely on study of exhibits)
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1/ (5)Young lawyers may find it helpful to keep a "Chronicle of Mistakes".
In young age, we are bound to make mistakes. After a hearing is over, we have lots of second thoughts on what we could have done differently to win the case.
2/ But by then, the bus has left. We feel sorry and guilty.
Following point can be remembered to reduce stress of discovering our own mistakes.
3/ "It is okay to be wrong. It is okay to commit mistakes. I showed up and I tried. And that is what it matters. "
It helps to keep a Chronicle of mistakes or a Learning Journal, to record what we could have done differently.
Thread (1 to 8 ) 1/ A liftman in my chamber building recently committed suicide. We are taught in colleges that Law is considered science of social engineering.
Then can we explain position of law relating to suicide of this liftman ?
2/ He was in his 40th year. He used to salute me everytime I enter and leave lawyers chambers. Like all other lawyers, I also used to give him tips. But then nothing more.
3/ When I heard about his sudden suicide, I first time realised that he too was a human being with emotions. So far I used to see him only as a liftman.