10 Questions
What right does the accused have in terms of being presumed innocent?
To be presumed innocent until proven guilty beyond reasonable doubt
What does the accused need to be informed of according to the text?
The nature and cause of the accusation against him
In what situations can the accused waive his presence at the trial?
Pursuant to the stipulations set forth in his bail
What happens if the accused is absent without justifiable cause at the trial?
It is considered a waiver of his right to be present
When can the accused be allowed to defend himself in person without counsel?
When it sufficiently appears to the court that he can properly protect his right without counsel
What right does the accused have in terms of testifying as a witness?
To testify as a witness but subject to cross-examination
What happens if the accused escapes custody?
He waives his right to be present on subsequent trial dates until custody over him is regained
What does the accused have the right to not be compelled to do?
Be a witness against himself
What right does the accused have regarding being compelled to be a witness against himself?
He cannot be compelled to testify against himself.
Under what condition can the accused defend himself in person instead of with counsel?
If it appears to the court that he can properly protect his rights without assistance.
Study Notes
Rights of the Accused
- The accused has the right to be presumed innocent until proven guilty.
- The accused has the right to be informed of the nature and cause of the accusation, and to be informed of the charges against them.
- The accused has the right to waive their presence at the trial in certain situations, such as when the trial is being held in their absence due to their illness or escape, or when they are being prosecuted in absentia.
Trial Proceedings
- If the accused is absent without justifiable cause at the trial, they may be tried and sentenced in absentia, and the trial may proceed without their presence.
- The accused has the right to defend themselves in person without counsel if they so choose, but this right can be restricted in certain circumstances.
Witness Testimony
- The accused has the right to testify as a witness in their own defense, but they cannot be compelled to do so.
- The accused has the right not to be compelled to be a witness against themselves, and cannot be forced to testify against their own interests.
Consequences of Actions
- If the accused escapes custody, they may be subject to further penalties or consequences.
- The accused has the right not to be compelled to do certain acts, such as testifying against themselves, and cannot be forced to incriminate themselves.
Test your knowledge on the rights of the accused at trial as outlined in Rule 115 Section 1. Learn about the entitlements of the accused, including the presumption of innocence, being informed of the accusation, and the right to be present with counsel throughout the proceedings.
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