The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
So you see how valuable this right is. One may proceed intelligently, with
full light upon the alleged transaction. He is not required to stumble in
the darkness, perhaps to tumble into a pitfall. Without such a provision
you can see how helpless an innocent person might be if brought suddenly
before the court for trial for an offense which he never committed. If he
were not first advised of the nature of the charge and the circumstances
he might be helpless. You know evidence is brought before the court by
witnesses who are called by the attorneys for the prosecution and for the
accused. These witnesses take oath to tell the truth. But, unfortunately,
witnesses do not always tell the truth. They sometimes commit perjury. One
must be ready to meet false testimony. By the constitutional guaranty
requiring that the accusation be in writing, stating the crime and its
nature, one can be prepared. In many of the States still greater
precaution is taken to guard against any possible wrong, by requiring not
only an indictment but also requiring that there shall be furnished to the
person accused the names of witnesses and a brief statement of the
evidence which the prosecution expects to offer, this to be furnished
before the trial commences so that the defendant may get ready to meet it.
Did you ever go into a court when a man was upon trial for a grave
offense? You should do so. Everyone should do so. But you should go there
with the proper spirit, not for amusement, not to criticise, but with a
full realization of the great human drama there being enacted. There at or
near the trial table you will see the defendant, the man who is being
tried. He may be a stranger. He may be poor. He may possibly be wicked,
but he is a human being; and no matter what faults he may have he is an
American citizen, and under the Constitution of our country he cannot be
convicted until proven guilty of the particular crime charged in the
indictment. He sits there while witnesses are telling their stories. You
will see him watching the jury. Occasionally he looks at the judge. But he
knows that no matter what the judge may think, he cannot find him guilty.
The jury and the jury alone can convict.
It is a solemn proceeding, though the lawyers may at times appear to use
trifling words in their discussions. The prisoner looks through the court
room window. Outside the sun is shining, the birds are singing, and the
breezes sway the branches of the green trees. Everything seems to suggest
liberty and freedom. At no time is liberty so sweet as when it is in
danger. The prisoner realizes that in a few days the trial will be ended
and the verdict of the jury will determine whether he shall go out of the
court room to freedom or to prison.
Public-domain text, read in full here on John Shaqi.
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