The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
You may think it is difficult to learn all about grand juries, the number
of jurors, and the manner in which they are sworn to perform their duties.
I do not blame you. But bear in mind I am not insisting that you shall
learn all these details. Of course the more knowledge we have about these
matters the better. But _the important thing_ is that you shall learn that
away back more than one hundred and thirty years ago the people of America
in framing the Constitution of our country, by written guaranties, made
this a government by the people. Knowing that the most sacred thing on
this earth is human liberty, they sought to guard it by providing every
possible safeguard which would protect the innocent from unjust
conviction. They trusted the people. While courts were provided, the power
to accuse the humblest human being living under the American flag of a
grave offense and bring him before a court for trial was reserved to the
people themselves.
Grand juries are merely representatives or agents of the people. As they
sit in court they are exercising some of the highest and most important
duties exercised by men. Grand jurors and petit jurors hold in their hands
the liberty of their fellowmen.
It is these great truths I wish to impress upon you. I want you to have
the knowledge, but more than this, I want you to have the spirit, the
spirit of confidence in your government, and the spirit of gratitude that
you live in America where the people rule, where the people not only make
the law, but enforce it.
ELEMENTARY QUESTIONS
1. In the olden days how could a strong man abuse one suspected of
stealing?
2. What would he be compelled to do to-day?
3. Why are the guaranties regarding trials important to you?
4. Who may accuse or charge a person with a crime?
5. Is a person charged with a crime necessarily guilty?
6. What is a grand jury? What is its purpose?
7. How are members of a grand jury servants of the people?
8. Is a search warrant valid if no sworn statement has been filed?
9. What are the rights of the owner, if a search is made without proper
warrant or papers?
10. State the guaranty of the Constitution with reference to indictment by
a grand jury.
11. Is the session of a grand jury secret or public?
12. Is the defendant present before the grand jury during the
investigation?
13. What is meant by “indictment”?
14. What is done when the grand jury returns an indictment?
15. What offenses may be prosecuted without an indictment?
ADVANCED QUESTIONS
A. Discuss the procedure of securing a search warrant?
B. If we had no guaranty of security of property rights what effect would
this have with reference to working, earning, and saving?
C. How is the fact that we have a grand jury an evidence of the care with
which our government guards our rights?
D. What is a heinous crime?
E. Write a paper on:
Early Abuses of Power in Search and Seizure
Some Interesting Violations of this Right
Public-domain text, read in full here on John Shaqi.
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