Rule 115 \u2013 Rights Of The Accused.pdf - CRIMINAL PROCEDURE RULE 115 \u2013 RIGHTS OF THE ACCUSED SECTION ONE \u2013 RIGHTS OF THE ACCUSED AT THE TRIAL The

Rule 115 u2013 Rights Of The Accused.pdf - CRIMINAL...

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1 RULE 115 RIGHTS OF THE ACCUSED CRIMINAL PROCEDURE RULE 115 RIGHTS OF THE ACCUSED SECTION ONE RIGHTS OF THE ACCUSED AT THE TRIAL The rule enumerates the rights of a person accused of an offense, which are both constitutional as well as statutory, save the right to appeal which is purely statutory in character. DUE PROCESS: 1. Substantive considers the intrinsic validity of the law 2. Procedural based on the principle that a court hears before it condemns. Requirement of notice and hearing. RIGHTS OF ACCUSED AT TRIAL: A. To be presumed innocent In all criminal prosecutions, the accused is presumed innocent until the contrary is proved beyond reasonable doubt. The conviction should be based on the strength of the prosecution and not on the weakness of the defense, an accusation is not synonymous with guilt. REASONABLE DOUBT It is the doubt engendered by an investigation of the whole proof and inability, after such investigation, to let the mind rest easy upon the certainty of guilt. Absolute certainty of guilt is not demanded by the law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense. REASON: The slightest possibility of an innocent man being convicted for an offense he has not committed for an offense he has not committed would be far more dreaded than letting a guilty person go unpunished or for a crime he may have perpetrated. EQUIPOSE RULE Where the evidence of the parties in a criminal case are evenly balanced, the constitutional presumption of innocence should tilt in favor of the accused who must be acquitted.
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