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.
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?
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?
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?
The Story of a Tramp Without Money, Accused of an Offense: How the Constitution Helps Him
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.
You are arrested. It is the duty of the officer making the arrest to bring you into a court, but this is not generally to a trial court. A person is generally brought before what is called a committing magistrate, a justice of the peace or commissioner--some person having authority to issue warrants of arrest. You may be far from home and friends when you are arrested. You may be entirely unacquainted in the neighborhood. The government is not ready to proceed to your trial. Witnesses must be summoned, not only for the government, but if you have witnesses you desire to use, they must be brought in.