Civil Government in the United States Considered with Some Reference to Its OriginsFiske, John
History
Civil Government in the United States Considered with Some Reference to Its Origins
Fiske, John
United States -- Politics and government
17. Give an outline of the procedure in a minor criminal action that is
tried without a jury in a lower court. Consider
(1) the complaint, (2) the warrant, (3) the return, (4) the recognizance,
(5) the subpoena, (6) the arraignment, (7) the plea, (8) the testimony,
(9) the arguments,(10) the judgment and sentence, and (11) the penalty and
its enforcement.
What is an appeal?--This procedure seems cumbrous, but it
is founded in common sense. What one of the foregoing steps, for
example, would you omit? Why?
18. Give an outline of the procedure in a criminal action that is tried
with a jury in a higher court. The action is begun in a lower court
where the first five stages are the same as in number 17. Then follow
(6) the examination of witnesses, (7) the binding over of the accused to
appear before the higher court for trial, (8) the sending of the
complaint and the proceedings thereon to the district or county
attorney, (9) the indictment, (10) the action of the grand jury upon the
indictment, (11) the challenging of jurors before the trial, (12) the
arraignment, (13) the plea, (14) the testimony, (15) the arguments, (16)
the charge to the jury, (17) the verdict, and (18) the sentence, with
its penalty and the enforcement of it. What are "exceptions?"--Why
should there be a jury in the higher court when there is none in the
lower? What is the objection to dispensing with any one of the foregoing
steps? Does this machinery make it difficult to punish crime? Why should
an accused person receive so much consideration?
19. Give an outline of the procedure in a minor civil action. Consider
(1) the writ, (2) the attachment, (3) the summons to the defendant, (4)
the return, (5) the pleading, (6) the testimony, (7) the arguments, (8)
the judgment or decision of the judge, and (9) the execution.--If the
action is conducted in a higher court, then a jury decides the question
at issue, the judge instructing the jurors in points of law.
20. Suppose an innocent man is tried for an alleged crime and
acquitted, has he any redress?
21. Is the enforcement of law complete and satisfactory in your
community?
22. What is your opinion of the general security of person and property
in your community?
23. Is there any connection between public sentiment about a law and the
enforcement of that law? If so, what is it?
24. Any one of the twelve subjects of legislation cited on page 177 may
be taken as a special topic. Consult any modern history of England.
25. Which do you regard as the more important possession for the
citizen,--an acquaintance with the principles and details of government
and law, or a law-abiding and law-supporting spirit? What reasons have
you for your opinion? Where is your sympathy in times of disorder, with,
those who defy the law or with those who seek to enforce it? (Suppose a
case in which you do not approve the law, and then answer.)
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