Q:
Discuss in class what might have happened in Shanti’s case if the following procedures had not been observed. a. If she were not defended by a lawyer. b. If the court had not assumed her to be innocent.
A:
Hint: (a) denied justice
(b) punished for a crime she never committed
Q:
All of the processes, written in bold on page 74, are crucial to a fair trial. Write in your own words what you understand of the following processes based on the above description of Shanti’s case. a. Open Court: b. Basis of Evidence: c. Cross-examination of Prosecution Witnesses:
A:
a. Open Court: Open Court means the case was contested in public view. This ensures that the trial is fair and no injustice is done to the accused.
b. Basis of Evidence: This means the judge decides whether the accused is the culprit or not only after examining all the evidence. A judge presumes that the accused is innocent. The judge never jumps to the conclusion that the accused is the culprit merely on the basis of circumstances.
c. Cross-examination of Prosecution Witnesses: This means the defence lawyer will call in the prosecution witnesses and cross examine them by questioning them. This allows him to understand whether there is any truth in the statements of the witnesses.
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