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.
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.
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?
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?
K. How strong must the evidence be in order that a person may be found guilty?
How An Accused Person Prepares For His Trial
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.