essay that reforms need to be made in this area that takes a holistic approach to the matter of child crimes and ensures that the punishment commensurate with the crime and the sentences should serve to be correctional rather than punitive.
It is seen that up to the year 1898, defendants were considered ‘poor witnesses’ and thus could not provide evidence in their own cases. However, the laws have changed and it is now possibly for defendants to act as their own witnesses and give evidences.
In the case of evidence presentation, it is seen that the Courts have to carefully examine the evidences and depositions by both parties and the jury is convinced based on the totality of its findings that the defendant is, in the eyes of law, the real culprit and deserves to be punished. This is based on evidences that are acceptable to Court. However, it has been found that certain evidences are not acceptable in Courts and therefore, the jury would take no cognizance for these types of evidences. It needs to be known that the onus of proving that the defendant is indeed guilty has to be proved beyond any doubt by the prosecution through use of interrogation, placing of witness and presentation of evidences.
After the indictment has been read out to the defendant(s) and is said to be not guilty, the actual trial begins. The jury now takes up the case for hearing. The jury consists of members’ designated through voting aged between 18-70 years, who do not possess any previous criminal records or convictions. The selection is done through random basis and they are supposed to attend court on designated dates.
In the case of the opening speech it is given by one of the members of the prosecution, outlining the nature of case and the charges levelled against the defendant, in order for the jury to have a fairly good idea of the course the case would take and evidences to be given.