The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
Every jury is sworn to decide according to the evidence presented,
guided by instructions in the law given by the judge. Juries are
therefore held to be _impartial_.
The entire United States is divided into judicial districts, of
which there are about ninety-two. These districts are found within
the States as judicial districts do not cut State boundaries. Where
the population is more sparse a Federal district comprises an entire
State. Where the population is more dense a State may contain two or
more districts. There are four United States District Court
districts in the State of New York, two in Iowa, and only one in
Nevada, and some other western States.
Congress may by legislative act lay out Federal court districts.
These districts were first established in the Federal Judiciary Act
of 1789. As the population increases Congress may increase the
number of districts.
67 Constitution of the United States, Amendment VI.
If one is not given a preliminary hearing shortly after his arrest,
the right to a writ of _habeas corpus_ (defined in another chapter),
gives the accused an opportunity to know the exact nature of the
charge against him and why he is held or detained in prison. Then he
is faced by his accusers in court and bears the charge against him.
In all criminal cases the accused is privileged to be present
throughout the entire trial, in fact he is required to be present
during the trial.
In early England, and in many other European countries in early
times, the accused person was not even permitted to know the reason
for his imprisonment, and furthermore was tried in court and found
guilty without hearing the evidence or knowing who testified in
court.
The right of trial upon indictment of a grand jury, and the
privilege of confronting one’s accusers in court, having witnesses
in one’s behalf, and having an attorney to defend one accused, is
not yet allowed in certain parts of Russia and perhaps other
countries in Europe and Asia. These privileges have been the
recognized right of all people in the United States since our
glorious Constitution was adopted and became the fundamental law of
our country in 1789.
Teachers of civics in our schools ought to ask permission of the
judge to take their classes to visit a session of the court. The
judge is able to inform the teacher as to when certain cases of most
value to pupils and other persons are to be tried. The trial of
certain kinds of cases brings out many fundamental facts of rights
and duties of citizenship that boys and girls, as well as many adult
persons, ought to know.
Public-domain text, read in full here on John Shaqi.
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