The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The organization and functions of the American grand jury are
similar, except that here we have prosecuting attorneys to
procure the presence of the necessary witnesses and direct the
course of their examination. In the Federal courts almost all
criminal accusations, great or small, are, and by the fifth
amendment to the Constitution of the United States all charges of
infamous crimes must be, prosecuted by presentment or indictment.
In most of the States the intervention of a grand jury is
requisite only in case of serious offenses; in some only in
capital cases. It is obvious that it is less needed here than in
England, since here it is not within the power of any private
individual to institute criminal proceedings against another at
his own will, but they are brought by a public officer
commissioned for that very purpose and acting under the grave
sense of responsibility which such authority is quite sure to
carry with it. The grand jury, however, has its plain uses
wherever political feeling leads to public disorder. It has
also, since the Civil War, been found an effective restraint in
some of the Southern States, whether for good or ill, upon
prosecutions for violations of certain laws of the United States,
brought against members of a community in which those laws were
regarded with general disfavor.
Prosecutions by information are those not founded on a
presentment or indictment. The information is a written
accusation filed in court by the prosecuting officer. In certain
classes of cases, the leave of the court must be first asked in
some jurisdictions. It is not necessary that it be supported by
any previous statement or complaint under oath. The officer who
prepares it acts under an oath of office, and that is deemed
sufficient to give probability to whatever charges he may make.
If the defendant has already been bound over by a committing
magistrate, such an information may take the place of the
original complaint on which the arrest was made. If he has not
yet been arrested, or if he was arrested and discharged by such a
magistrate, the filing of an information is accompanied by a
request for the issue of a warrant for his arrest from the court.
Such a paper is called a bench warrant, and is granted whenever
necessary, whether upon a presentment, indictment, or
information.
An information may be amended by leave of the court at any time.
A presentment or indictment cannot be. They, when returned to
court, are the work of the grand jury, and they end its work. An
amendment of a legal process can logically be made only by the
hand which originally prepared it. This rule leads to the escape
of many a criminal. If prosecuted by indictment, the case
against him must be substantially proved--in whole or part--as
there stated, or he goes free. Prosecuting officers therefore
naturally prefer to proceed upon information whenever the law
permits it.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account