Dominican ENJ Public Defender: defence foundations common mistakes
Dominican ENJ Public Defender: defence foundations · Understand the traps and how to avoid them.
Treating a newer administrative act as superior to the Constitution
Date alone does not erase the hierarchy of legal authority.
What to do instead
Identify rank,scope and the applicable constitutional issue.
Rejecting an Inter-American case because another state is named
An international human-rights precedent is not the same as a foreign national procedural rule.
What to do instead
Read its actual holding and relevant authority rather than exclude by keyword.
Equating appointment with effective assistance
A formal designation does not prove access,preparation or competent participation.
What to do instead
Assess what assistance the person could actually receive and exercise.
Treating silence as a substitute for proof
Non-incrimination would be undermined if its exercise established the charge.
What to do instead
Keep silence distinct from an admission and assess lawful evidence.
Inferring liability solely from harm
Personal attribution and the relevant elements remain necessary.
What to do instead
Analyse conduct,mental element and the applicable legal requirements.
Assuming a defence label proves all its conditions
Justification and other doctrines depend on supported facts and the governing rules.
What to do instead
Identify the actual conditions and evidence rather than claim automatic exemption.
Using a generic coercion formula without case facts
A label does not explain necessity,purpose or duration.
What to do instead
Test the connection between the actual evidence and proposed restriction.
Treating every evidentiary gap as automatic acquittal
The nature,materiality and legal effect of a defect require analysis.
What to do instead
Identify the issue and requested consequence under the actual framework.
Letting a parent automatically replace a juvenile client’s participation
Specialized assistance protects the adolescent’s own rights and understanding.
What to do instead
Use appropriate communication and assess the client’s position independently.
Copying an unverified current article or penalty figure
A precise-looking number can be outdated or unrelated to the operative rule.
What to do instead
Check the primary text and amendment history or leave the detail unknown.