The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
The principle of this guaranty is being violated if the postal
authorities open sealed letters in the mail to discover whether
improper use of the mail is being made. It is also violated by
compelling the production of private papers of the defendant in a
criminal prosecution.
A warrant is not always necessary to arrest an individual. For
example, a police officer does not need a warrant in order to arrest
a person who is violating a law in his presence, or a person whom he
has good reason to think has committed a felony.—_Cyclopedia of
American Government_, Vol. III, p. 655.
61 Constitution of the United States, Amendment V.
“A _capital crime_ is such crime as the law declares punishable by
death penalty.”—Bouvier’s _Law Dictionary_, Vol I, p. 284.
“An _infamous crime_ is such crime as the law declares punishable by
imprisonment in a state prison.”
A grand jury, or an indictment, or a presentment jury, or an inquest
jury, is a jury (differing as to numbers in different States) for
the purpose of investigating alleged crimes. If, upon investigation,
the jury believes the accused person has either committed the act or
has had a part in the crime, it will draw up a formal accusation in
writing. This accusation is called an indictment and is presented to
the court. In a few States a person may be brought to trial for
violation of a law of the State upon information filed by the
prosecuting attorney.
A _petit jury_, or _trial jury_, is a jury of twelve men selected by
the court—according to a law determining the manner—to hear the
accusation against the person charged along with the evidence
submitted during the trial in court. After hearing the evidence and
receiving from the judge instructions concerning the law governing
the case, the jury will determine whether the accused person is
guilty or not. The Federal government, and most of the States,
require a unanimous verdict. If the jury disagrees they report such
to the court (the judge) and they are dismissed and the case may be
tried again with a different jury.
“Constitutional guaranties of the right of trial for crime only on
indictment by a grand jury, imply a common law grand jury of whose
number at least twelve men concur in finding the indictment, but by
provision in state constitutions a smaller number of grand jurors
than required by common law and concurrence of a smaller number than
twelve in the finding of an indictment may be authorized.”
“A grand jury affords a safeguard against the unwarranted ignominy
of being put on public trial for an offense which there is no
reasonable ground to believe the accused has committed.”
Public-domain text, read in full here on John Shaqi.
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