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Unformatted text preview: cused 5. Prejudice caused to the defendant Q: What is meant by impartial trial? A: The accused is entitled to cold neutrality of an impartial judge, one who is free from interest or bias. Q: Why must the trial be public? A: It is in order to prevent possible abuses which may be committed against the accused. The attendance at the trial is open to all, irrespective of their relationship to the accused. However, if the evidence to be adduced is “offensive to decency or public morals,” the public may be excluded. Note: The denial of the right to speedy trial is a ground for acquittal. 7. Right to Meet the Witnesses Face to Face Q: What is the purpose of the right of confrontation? A: Primarily, to afford the accused an opportunity to test the testimony of a witness by cross‐
examination, and secondarily, to allow the judge to observe the deportment of the witness Q: What is the effect of failure to cross‐examine? A: If the failure of the accused to cross‐examine a witness is due to his own fault or was not due to 104 the fault of the prosecution, the testimony of the witness should not be excluded. Q: Are affidavits of witnesses who are not presented during trial admissible? A: No. They are inadmissible for being hearsay. The accused is denied the opportunity to cross‐
examine the witnesses. Note: Depositions are admissible under circumstances provided by the Rules of Court. 8. Right to Compulsory Process to Secure Attendance of Witness and Production of Evidence Q: What are the means available to the parties to compel the attendance of witnesses and the production of documents and things needed in the prosecution or defense of a case? A: 1. Subpoena ad testificandum and subpoena duces tecum 2. Depositions and other modes of discovery 3. Perpetuation of testimonies Q: What is the difference between subpoena ad testificandum and subpoena duces tecum? A: Ad Testificandum
A process directed to a person requiring him to attend and to testify at the hearing or trial of an action, or at any investigation conducted by competent authority, or for the taking of his de...
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