The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
To-day it is the stranger who is on trial. To-morrow it may be someone who
is near and dear to you. If such misfortune should come, then you will
fully realize what a wonderful blessing it is that under our Constitution
everyone is assured of a fair trial, that a person can only be tried for
the specific offense stated in the indictment, and that a verdict of
guilty can only be rendered when the evidence is strong enough to convince
the jury of guilt beyond a reasonable doubt.
ELEMENTARY QUESTIONS
1. Restate the guaranties that every man has before being brought to
trial.
2. Why should the accused be informed of the nature of the accusation?
3. What would be the result if he were not so informed?
4. Why is it necessary that this accusation be put in writing?
5. Why is this important to everybody?
ADVANCED QUESTIONS
A. Illustrate the dangers of secret charges.
B. What chance has a person with malicious and secret gossip?
C. Upon a trial can evidence of hearsay or gossip be offered to prove
guilt?
D. When a person makes a charge against a person and says, “Don’t tell
anyone that I said this”, what is the effect?
E. Tell some of the dangers and injustices of slander.
F. What is the first step in bringing an accused person to trial?
G. Is it sufficient to charge the defendant with having committed murder
without any further explanation? Give reasons.
H. What is required of a witness before he is examined?
I. What is perjury?
J. Why is a trial a solemn proceeding?
K. How strong must the evidence be in order that a person may be found
guilty?
L. Write a paper on the following:
The Need of a Public and Written Charge
The Danger of the Secret Slander
How An Accused Person Prepares For His Trial
A Visit to a Court in Session
XVI. GUARDING RIGHTS IN COURT
Confronted By Witnesses—Compulsory Process—Aid Of Counsel—Jury In Civil
Trial
I am sure that no one until he has studied the Constitution, no one
certainly who is not a trained lawyer, will realize the many safeguards
necessary to protect persons who may be wrongfully accused of a crime; but
the framers of the Constitution knew the dangers from the sad experiences
of innocent men and women who had been sacrificed by tyrants who had but
little regard for human life or for human liberty.
Of course you now understand that in case an indictment is returned by the
grand jury, the person accused comes into court, or is brought in, and
enters his plea of “guilty” or of “not guilty”. If he pleads “not guilty”
a jury is brought together, “empanelled”, as it is called, and they are
sworn to hear the evidence, and decide the case according to the evidence.
But in these grave criminal trials, in order that the truth may prevail,
every accused person is given the right to be confronted by the witnesses
against him. The Constitution provides:
Public-domain text, read in full here on John Shaqi.
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