Procedure and Evidence in Criminal Trials

Professor Harnon set a broad canvas. In the ten minutes allotted me, I shall address but a few of the topics he raised. I would like principally to devote my comments to the subject of unrepresented defendants, as viewed from the perspective of a trialcourt judge. Our rules of procedure and of evidence are fair and reasonable. There are differences of opinion as to the preferred approach to several of the issues mentioned by Prof. Harnon: the scope of the right to remain silent, the admissibility of out-of-court statements and the striking of a proper balance in this regard, etc. Notwithstanding the differences in approach to any particular topic, the system as a whole fulfils the purpose of the substantive criminal law — the establishing of the innocence or guilt of the accused.