1. Show how being put on trial again and again for the same offense would be an injustice.
2. Why is it right to have the verdict of "not guilty" final?
3. What would be the result if it were not final?
4. Why is this of _particular_ advantage to the poor man?
5. Why should no man be compelled to be a witness against himself?
6. Why do they allow a man to be a witness if he so desires?
7. What is the importance of the guaranty protecting the defendant from being examined as a witness?
8. When a person is indicted for an offense, what is the duty of the government with reference to proof of guilt?
10. When may a confession made outside of court be introduced as evidence?
11. Why would anyone accused of a crime confess guilt, when in fact he might not be guilty at all?
12. Can the President or Congress or a judge change any of the provisions of the Constitution?
A. Discuss the democracy of the provision that the verdict of "not guilty" is final while that of "guilty" may not of necessity be final?
B. Why are confessions wrung from frightened or tortured men likely to be untrustworthy?
C. Why should the "Third Degree" methods be prohibited?
The Burdens, Disadvantages, and Injustice of Permitting a Retrial After A Verdict of "Not Guilty"
Methods Sometimes Used to Secure a Confession of Guilt
Rights Protected By Due Process Of Law--Property Taken For Public Use
The three great things which every man, woman, and child cherishes are life, liberty, and property. We see in every one of these guaranties how careful the people who made the Constitution were to see that these valuable things were sacredly guarded.
"_No person shall ... be deprived of life, liberty, or property, without due process of law._"(64)
You can understand how important this is if you will realize how in the olden days people were so brutally treated by their fellowmen, especially by those in power who happened to represent the government. Have you ever read the story of the Bastile, a prison in which hundreds of French people were thrown without a trial, in which many were murdered and many kept in dark cells chained to the floor for years? Have you ever read the story of the Tower in London, where men were imprisoned and murdered without a trial by any court and without an investigation by any one, often without the knowledge of their closest friends? Have you ever read about how the property of people was taken away from them without trial or investigation to be turned over to the king or to some of his friends? Until you have read something of the past, and realize how people suffered, how they lost their lives, their liberty, and their property, you will never realize the wisdom of those who framed our Constitution, nor the affection which they had for the people of America in protecting them against such horrible treatment.