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right of the accused, because a large number of accused,
when they are tried for the offense after having spent
months in jail waiting trial, the issue is a complete
nullity because the court ends up giving them time served
if they are guilty and if they are not guilty they have
been punished anyway.
This issue is far more important in our modern-
day context of criminal justice than the old-fashioned and
traditional rights which, without dissent and by acclama-
tion we agreed to put in the Constitution.
We don't need a right to counsel. The system
of justice will take care of that. We don't need a public
trial. I am sure we will have public trials day in and day
out, whether or not the Constitution calls for them or not.
We definitely need a principle in the Constitution that
entitles the presumption of innocence to have meaning and
which states that people cannot be punished until and
unless they have been found guilty under the elaborate
procedures which we, without argument, state belong in the
Constitution.
I would point out we have had experience in the