Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
In each of the _territories_ there are supreme and district courts
established by Congress in pursuance of its power to provide for the
government of the territories, but they are not considered as a part of
the judicial system of the United States, although the judges are
appointed by the President.[103]
[103] In most of the countries of continental Europe there is a special
class of tribunals called "administrative courts" to decide
controversies between private individuals and the public authorities.
There are no such courts in the United States, although the customs
court, the court of claims, and the interstate commerce commission bear
some resemblance to an administrative court. Many "administrative"
questions are decided by such officials as the secretary of the
treasury, the commissioner of immigration, and the commissioner of
patents.
=Constitutional Protections in the Federal Courts.=--The Constitution
contains a number of provisions intended to protect accused persons
against unauthorized prosecutions in the federal courts, as well as
against arbitrary procedure in the course of the trial. As the
Constitution originally stood, it contained few provisions of this kind;
and this fact constituted one of the most serious objections urged
against the ratification of that instrument. In consequence of this the
first ten Amendments were adopted in 1790, and of these no less than
five relate to the rights of accused persons on trial in the federal
courts.
Most important of all, perhaps, the _Sixth Amendment_ declares that in
criminal prosecutions (in the federal courts) the accused shall enjoy
the right to a speedy and public trial, by an impartial jury of the
state and district wherein the crime shall have been committed; that he
shall be informed of the nature and cause of the accusation; that he
shall have the right to be confronted by the witnesses against him; that
he shall have compulsory process for obtaining witnesses in his favor;
and that he shall have the assistance of counsel for his defense.[104]
[104] The purpose and meaning of these guarantees are discussed in
chapter vi, pp. 118-119.
The _Fifth Amendment_ protects the accused from prosecution in capital
cases or cases involving infamous crime except upon indictment by a
grand jury. Some of the states, as we have seen, have abolished the
grand jury, and provided for prosecutions in their courts without the
intervention of such an agency, but no person may be prosecuted in a
federal court for a serious crime until he has been held for trial by a
grand jury. The same amendment also forbids the trial of a person a
second time for the same offense, if he was acquitted on the first
trial; declares that he shall not be compelled to testify against
himself; that he shall not be deprived of life, liberty, or property
without due process of law; and that private property shall not be taken
for public use without just compensation.
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