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PROTECTION OF THE RIGHTS UNREPRESENTED ACCUSED B. Iuris, LLB M.J MOTUBATSE 2014 OF AN PROTECTION OF THE RIGHTS OF AN UNREPRESENTED ACCUSED by Mosinki Justice Motubatse Mini-dissertation submitted.

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A criminal defendant's right to access witnesses and evidence is essentially the right to present a defense. The accused should expect to be heard, present evidence that is material to her defense, compel witness testimony, and counter the evidence presented by the prosecution.

Normally, all evidence should be adduced in the trial courts and not in the appeals court. As such, adducing fresh evidence is an exceptional step that should not be taken lightly. This chapter examines two main sources in criminal law that address fresh evidence: the Criminal Code[1] and jurisprudence.

(the Sixth Amendment provides that in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him; ingly, no testimonial hearsay may be admitted against a criminal defendant unless (1) the witness is unavailable, and (2) the witness was subject to prior cross- ...

In 1993, the Supreme Court revisited Rule 43 in the case of Crosby v. United States. The Court unanimously held, in an opinion written by Justice Harry Blackmun, that Rule 43 does not permit the trial in absentia of a defendant who is absent at the beginning of trial.

The right for the individual to present evidence, including the right to call a witness. The right for the individual to see the opposing side's evidence. The right to cross-examination of the opposition's witnesses. A decision based exclusively on the evidence presented.

The holding of trial in absentia is authorized under Section 14 (2), Article III of the 1987 Constitution which provides that "after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable."

Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.

Section 35(3)(i) of the Constitution provides that an accused person has the right to 'adduce and challenge evidence'. The challenging of evidence is through cross-examination. It is therefore a constitutional right.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232