After One Year: Reflections From The Participants of The Chinese Defender Training Program
February 2008
February 2008
In February 2007, JVI, in connection with International Bridges to Justice, invited a number of Chinese public defenders and legal aid lawyers to Washington, DC, and trained them in the principles of public defense, with the help of the Public Defender Service of the District of Columbia. Following are the comments of the participants of that program one year after the training.
Zhao Hui, Beijing
“After returning from the criminal defense advocacy training in Washington, D.C., I used the skills that I had learned from the training, i.e., techniques for interviewing clients, direct and cross-examination skills, skills for challenging the prosecution’s evidence at trial, and developing a theory of defense, to better represent my clients. While before the training I would question my client and any witnesses at trial without any advance preparation, I now always carefully prepare the questions that I will ask in advance of trial. My practice has shown that the skills that we learned at the Washington, D.C. training can have great effect on the outcome of our cases in China. One recent example of a case that I successfully defended is that of a juvenile who was charged with the crime of assault. Through my actions, my client was found innocent. Utilizing the advanced skills that I learned in Washington, I was able to present compelling evidence that my client had acted in self-defense and was, therefore, innocent of the crime of assault. At present, I am working for the Beijing Juvenile Legal Aid and Research Center, a Chinese nongovernmental organization that provides regular training and support to juvenile defenders throughout China. This position has enabled me to share my newly acquired knowledge and advanced skills with my colleagues throughout the country. Over the past year, I have trained approximately 1500 juvenile defenders from 13 provinces around China.”
Shen Suxia, Anhui Province
“The Washington D.C. training provided all of us with advanced training in almost all stages of handling a criminal case. As a legal aid lawyer I have few such opportunities; I am extremely grateful to have been given the chance to attend such a comprehensive training. This training helped all of us to improve not only the quality of our own defense skills, but that of our colleagues; as we have been able to return to China, and with International Bridges to Justice, train other lawyers. Over the past year, with support from my local Justice Bureau and Legal Aid Center, I have trained more than 100 lawyers in the advanced advocacy skills that I learned at the training.”
Liu Xianzhong, Anhui Province
“How time flies, a new year again, I am reminded of the two week Washington, D.C. training that I participated in; I remember it like it was yesterday. The process of participating in this training has been one of most important things I have done in my career, as it has greatly improved my skills as a defense lawyer. In turn, these newly acquired defense skills have greatly affected my practice. For example, in a recent juvenile case charged as a joint crime, I was able to cross-examine the co-defendant, utilizing techniques I learned in Washington. Through this means of questioning, I was able to impress upon the judge that the co-defendant was the principal in the case and my client was merely an accomplice, significantly reducing his sentence. Since returning to China, I have endeavored to share my knowledge with my colleagues. Last year, at a training held in Anhui by International Bridges to Justice, I was invited to participate as a trainer. At this training I provided instruction to more than 40 lawyers. Additionally, I have trained my colleagues in my local city.”
Kong Weizhao, Anhui Province
“After participating in the criminal defense training in Washington D.C. last year, I noticed great improvement in my practice, especially in my skill as an interviewer, and my skills in cross-examination at trial and pre-trial investigation. These skills are incredibly useful to my practice, as are the trial practice skills that I learned. Since returning to China, I have shared what I learned with my colleagues around the country. In April, 2007, I trained more than 100 legal aid lawyers from all over the country, and in February of 2008, I am going to participate as a trainer in a training held by the Jiangsu Provincial Lawyers’ Association. Over 100 lawyers are scheduled to attend this training. Over the last year, I have directly trained almost 300 lawyers throughout the country. In China today, the right of lawyers to defend their clients competently and zealously continues to gain support from the national government. Thus, it will be more and more important that lawyers are properly training in adversary skills. I hope that our wonderful American teachers will come to China so that we may continue to learn from them and share our experiences.”
Li Can, Sichuan Province
“As the director of Legal Aid for one of China’s largest provinces, I want to thank International Bridges to Justice and the organizers of the Washington DC training for providing us with such a wonderful opportunity for education and exchange. I can honestly say that the Washington D.C. training has greatly improved the practice skills of my staff. Especially in the handling of juvenile criminal cases, they have begun to make greater use of evidence and to consider the psychology and other developmental issues associated with representing children. Over the past year, we have organized a number of trainings to give Huang Xiaoming and Wang Xiaolin and opportunity to share their skills with other legal aid lawyers throughout Sichuan.”
Huang Xiaoming, Sichuan Province
“In January of 2007, as a legal aid lawyer, I was honored to participate in the Washington D.C. Criminal Defense Advocacy Training organized by International Bridges to Justice. Since returning to China, with the knowledge and skills I learned in America, I have done the following work in my practice, and for my colleagues:
1. I wrote an article entitled, “A Sichuan Legal Aid Lawyer Has Visited Washington D.C. and Participated in A Criminal Defense Advocacy Training”. The article was published by the Sichuan Provincial Legal Aid Journal in March of 2007, introducing the more than 200 Sichuan legal aid centers and more than 500 legal aid staff (200 of which are practicing lawyers) to the purpose of the training, main content of the program and the American indigent defense system and criminal advocacy skills.
2. I communicated with 5 law firms, including Tai Hetai, Shu Han and San Jianghui law firms and some judges about the advocacy skills that are utilized in the American criminal justice system, e.g. developing a theory of defense, direct and cross-examination skills, selecting an expert witness, and making a closing argument.
3. I recently handled a criminal case where my client was charged with conversion of corporate funds or property, a crime which carries a maximum sentence of 10 years imprisonment. Utilizing the advanced interview, investigation and defense theory development techniques that I learn in Washington, D.C., I was able to skillfully challenge the prosecution’s case, and craft a strong argument that my client was guilty only of the lesser offense of misappropriation of corporate funds which carries a maximum sentence of five years. (The case is still pending decision of the court.)”
Wang Xiaolin, Sichuan Province
“I am very grateful to have had the opportunity to attend the Washington DC training organized by International Bridges to Justice. This exchange provided me with the opportunity to learn criminal defense advocacy skills from my American brothers and to visit an American court, a prison and law firms. Although I did not stay in America for long, the knowledge I took with me will last a lifetime, as the skills I learned are very practical. I will never forget all I saw and heard in America.
Since returning to China, I have been very busy with my legal aid practice. In the past year, I have handled 7 serious homicide cases. I used the advanced knowledge and skills I learned in America to improve my practice at every stage in the criminal process, e.g. reviewing case files, challenging the prosecution’s evidence, preparing my questions for trial, developing a reasoned theory of defense and strongly and passionately advocating for my clients. My work has been received with approval from prosecutors and judges, although my clients were all found guilty, they greatly appreciated the time, energy and commitment that I had given to their cases.
Additionally, I have shared my experienced in America with over 300 lawyers throughout Sichuan, discussing how we can improve our practice in China. The Sichuan lawyers have showed great interest in the skills that I have introduced. They were also very impressed with the idea of specializing in a practice of law and with the dedication and commitment that American defense lawyers bring to their work.
I have been very affected by my trip to America. It was not as I had imagined it would be. I am now more motivated to effect change in my community, and to strive to improve my practice and the practice of my colleagues so that we may better protect the rights of our clients. I hope to have the opportunity to go to America again, to gain greater knowledge of how I may help to improve China’s justice system.”
Zhao Hui, Beijing
“After returning from the criminal defense advocacy training in Washington, D.C., I used the skills that I had learned from the training, i.e., techniques for interviewing clients, direct and cross-examination skills, skills for challenging the prosecution’s evidence at trial, and developing a theory of defense, to better represent my clients. While before the training I would question my client and any witnesses at trial without any advance preparation, I now always carefully prepare the questions that I will ask in advance of trial. My practice has shown that the skills that we learned at the Washington, D.C. training can have great effect on the outcome of our cases in China. One recent example of a case that I successfully defended is that of a juvenile who was charged with the crime of assault. Through my actions, my client was found innocent. Utilizing the advanced skills that I learned in Washington, I was able to present compelling evidence that my client had acted in self-defense and was, therefore, innocent of the crime of assault. At present, I am working for the Beijing Juvenile Legal Aid and Research Center, a Chinese nongovernmental organization that provides regular training and support to juvenile defenders throughout China. This position has enabled me to share my newly acquired knowledge and advanced skills with my colleagues throughout the country. Over the past year, I have trained approximately 1500 juvenile defenders from 13 provinces around China.”
Shen Suxia, Anhui Province
“The Washington D.C. training provided all of us with advanced training in almost all stages of handling a criminal case. As a legal aid lawyer I have few such opportunities; I am extremely grateful to have been given the chance to attend such a comprehensive training. This training helped all of us to improve not only the quality of our own defense skills, but that of our colleagues; as we have been able to return to China, and with International Bridges to Justice, train other lawyers. Over the past year, with support from my local Justice Bureau and Legal Aid Center, I have trained more than 100 lawyers in the advanced advocacy skills that I learned at the training.”
Liu Xianzhong, Anhui Province
“How time flies, a new year again, I am reminded of the two week Washington, D.C. training that I participated in; I remember it like it was yesterday. The process of participating in this training has been one of most important things I have done in my career, as it has greatly improved my skills as a defense lawyer. In turn, these newly acquired defense skills have greatly affected my practice. For example, in a recent juvenile case charged as a joint crime, I was able to cross-examine the co-defendant, utilizing techniques I learned in Washington. Through this means of questioning, I was able to impress upon the judge that the co-defendant was the principal in the case and my client was merely an accomplice, significantly reducing his sentence. Since returning to China, I have endeavored to share my knowledge with my colleagues. Last year, at a training held in Anhui by International Bridges to Justice, I was invited to participate as a trainer. At this training I provided instruction to more than 40 lawyers. Additionally, I have trained my colleagues in my local city.”
Kong Weizhao, Anhui Province
“After participating in the criminal defense training in Washington D.C. last year, I noticed great improvement in my practice, especially in my skill as an interviewer, and my skills in cross-examination at trial and pre-trial investigation. These skills are incredibly useful to my practice, as are the trial practice skills that I learned. Since returning to China, I have shared what I learned with my colleagues around the country. In April, 2007, I trained more than 100 legal aid lawyers from all over the country, and in February of 2008, I am going to participate as a trainer in a training held by the Jiangsu Provincial Lawyers’ Association. Over 100 lawyers are scheduled to attend this training. Over the last year, I have directly trained almost 300 lawyers throughout the country. In China today, the right of lawyers to defend their clients competently and zealously continues to gain support from the national government. Thus, it will be more and more important that lawyers are properly training in adversary skills. I hope that our wonderful American teachers will come to China so that we may continue to learn from them and share our experiences.”
Li Can, Sichuan Province
“As the director of Legal Aid for one of China’s largest provinces, I want to thank International Bridges to Justice and the organizers of the Washington DC training for providing us with such a wonderful opportunity for education and exchange. I can honestly say that the Washington D.C. training has greatly improved the practice skills of my staff. Especially in the handling of juvenile criminal cases, they have begun to make greater use of evidence and to consider the psychology and other developmental issues associated with representing children. Over the past year, we have organized a number of trainings to give Huang Xiaoming and Wang Xiaolin and opportunity to share their skills with other legal aid lawyers throughout Sichuan.”
Huang Xiaoming, Sichuan Province
“In January of 2007, as a legal aid lawyer, I was honored to participate in the Washington D.C. Criminal Defense Advocacy Training organized by International Bridges to Justice. Since returning to China, with the knowledge and skills I learned in America, I have done the following work in my practice, and for my colleagues:
1. I wrote an article entitled, “A Sichuan Legal Aid Lawyer Has Visited Washington D.C. and Participated in A Criminal Defense Advocacy Training”. The article was published by the Sichuan Provincial Legal Aid Journal in March of 2007, introducing the more than 200 Sichuan legal aid centers and more than 500 legal aid staff (200 of which are practicing lawyers) to the purpose of the training, main content of the program and the American indigent defense system and criminal advocacy skills.
2. I communicated with 5 law firms, including Tai Hetai, Shu Han and San Jianghui law firms and some judges about the advocacy skills that are utilized in the American criminal justice system, e.g. developing a theory of defense, direct and cross-examination skills, selecting an expert witness, and making a closing argument.
3. I recently handled a criminal case where my client was charged with conversion of corporate funds or property, a crime which carries a maximum sentence of 10 years imprisonment. Utilizing the advanced interview, investigation and defense theory development techniques that I learn in Washington, D.C., I was able to skillfully challenge the prosecution’s case, and craft a strong argument that my client was guilty only of the lesser offense of misappropriation of corporate funds which carries a maximum sentence of five years. (The case is still pending decision of the court.)”
Wang Xiaolin, Sichuan Province
“I am very grateful to have had the opportunity to attend the Washington DC training organized by International Bridges to Justice. This exchange provided me with the opportunity to learn criminal defense advocacy skills from my American brothers and to visit an American court, a prison and law firms. Although I did not stay in America for long, the knowledge I took with me will last a lifetime, as the skills I learned are very practical. I will never forget all I saw and heard in America.
Since returning to China, I have been very busy with my legal aid practice. In the past year, I have handled 7 serious homicide cases. I used the advanced knowledge and skills I learned in America to improve my practice at every stage in the criminal process, e.g. reviewing case files, challenging the prosecution’s evidence, preparing my questions for trial, developing a reasoned theory of defense and strongly and passionately advocating for my clients. My work has been received with approval from prosecutors and judges, although my clients were all found guilty, they greatly appreciated the time, energy and commitment that I had given to their cases.
Additionally, I have shared my experienced in America with over 300 lawyers throughout Sichuan, discussing how we can improve our practice in China. The Sichuan lawyers have showed great interest in the skills that I have introduced. They were also very impressed with the idea of specializing in a practice of law and with the dedication and commitment that American defense lawyers bring to their work.
I have been very affected by my trip to America. It was not as I had imagined it would be. I am now more motivated to effect change in my community, and to strive to improve my practice and the practice of my colleagues so that we may better protect the rights of our clients. I hope to have the opportunity to go to America again, to gain greater knowledge of how I may help to improve China’s justice system.”
