Picture two boys in a dispute about which owns a ball. One positively asserts that it is his, that his father bought it and gave it to him. The other is just as sure that it is his. He says that his brother gave it to him. They quarrel so excitedly that a neighbor coming across the street asks the cause of the trouble. They tell him their claims and ask him to decide. One boy points out a rough spot on the ball which he insists was caused by a blow from his bat while he was playing in his own yard. The other says that his brother gave him a ball with red and white stitches. The neighbor, after hearing these and many other claims, decides the case, giving the ball to the boy whom he finds to be the owner. In this we have every element of a lawsuit. The dispute, the court (the neighbor), the witnesses (the boys), and the judgment based upon what the neighbor finds to be the truth from the evidence before him. That is all that any court or jury can do, but under the Constitution in cases involving life or liberty every possible safeguard is provided so that the truth may be found, so that justice may be done. ELEMENTARY QUESTIONS 1. Why should all witnesses for the prosecution speak in the actual presence of the accused? 2. Why should the accused be allowed to have testimony in his favor submitted in writing? 3. In what cases is written testimony ordinarily admitted? 4. What is compulsory process? 5. In what ways does the Constitution aid the poor man? 6. In what cases may there be a trial without a jury? 7. What is the main purpose of any lawsuit? 8. What is meant by cross-examination of a witness? ADVANCED QUESTIONS A. In what way do these provisions sustain the fact that our government is a democracy? B. Is a person more likely to commit perjury when not actually facing the person accused? Give reasons. C. What is the provision of the Constitution as to “compulsory process”? Explain the importance of this right. D. Explain the provision of the Constitution as to the right to have counsel. E. Show how compulsory process and free counsel help the poor man. F. Why is jury trial omitted in small controversies? G. What is a “civil” case? H. Write a paper on the following: How Perjury is Detected Oral and Written Testimony How the Poor Man is Protected The Purpose of a Trial in Court The Story of a Tramp Without Money, Accused of an Offense: How the Constitution Helps Him XVII. PUNISHMENT Prohibition Of Excessive Bail Or Fines, Cruel Or Unusual Punishments, And Involuntary Servitude Before we finish, I want you to have in your mind a clear conception of the way in which a person accused of an offense is brought before the court, tried, and convicted or acquitted. I have already explained that the first step is the arrest of the suspected person.(73) Again put yourself in the place of the suspected person.