The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
The Grand Jury as an Evidence That the People Rule
An Account of the Work of One Grand Jury
XII. RIGHTS OF ACCUSED
Acquittal By Jury Final—Accused Not Compelled To Be A Witness
Now keeping in mind that this is a personal matter with each one of us,
that we are talking about our own rights, that some day our liberties may
be in danger, let us take up the next guaranty of the Constitution: “_nor
shall any person be subject for the same offence to be twice put in
jeopardy of life or limb_”.(62)
I am sure you do not know what that means. I am sure there is not one of
you who ever dreamed that such a thing might happen to you as to be “twice
put in jeopardy of life or limb”. This is very important and likewise very
simple. In the olden days, in the old world, many a man was tried for a
crime in court and found not guilty, and then later was arrested and put
on trial again and found guilty. Suppose your father, as I said the other
day, should be arrested, although he were innocent. Suppose he were
indicted by this grand jury and brought on for trial. He would be
compelled to hire a lawyer, if he were able to, and get ready for trial.
The trial would come on, and days or possibly weeks might be spent in
examining witnesses. Finally the case would close and the jury would bring
in a verdict of “not guilty”. It would be an expensive proceeding. Perhaps
it would take all the money he had saved. It would not only be expensive
but it would be a hard strain upon him, your mother, the other children,
and yourself. It is a very serious matter for an innocent man to be tried
for murder. Still the verdict of “not guilty” comes in and you are all
full of joy to realize that his life and liberty have been saved. Now
suppose it were possible that within a couple of weeks afterwards he could
again be arrested, indicted, put on trial. All of the family would again
be subjected to worry and sorrow. You do not think it would be just, do
you? It would not be right. Of course it wouldn’t be right, but men in the
olden days have been compelled to submit to such injustices. So when the
Constitution was adopted this guaranty which I just read was put in there,
so that for any offense against the United States no man can be tried
again after acquittal. Once a jury of his fellowmen, his neighbors, brings
in a verdict of “not guilty” that ends forever any prosecution for the
same offense. He is free and there is no power in the United States nor
any of its officers to call him again for trial for that offense. Most of
the States have a like constitutional guaranty.
Then there is another important guaranty: “_nor shall (he) be compelled in
any criminal case to be a witness against himself_”.(63)
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account