The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
Is not this a sacred right? Don’t you think that it is wise to permit
people to have their rights and wrongs determined by a body of plain,
honest men? It removes any suggestion of the abuse of power by a person in
a public position. It inspires confidence in those who are brought before
the court for trial. If we cannot obtain justice before such a body of
men, how can justice be obtained in this world?
I have already told you that in this country the people are not only the
makers of the law but the enforcers of the law. It is in these jury trials
where the people enforce the law.
Of course, the hearing before the jury is held in court. The judge
presides. He directs the proceedings of the trial, sees that it is
conducted in an orderly way, endeavors to prevent any falsehoods from
getting before the jury, keeps away from the jury any hearsay or gossip,
or expressions of prejudice, or other matters not founded on absolute
knowledge and truth. But the jurors are the sole judges of what the truth
is, and, when the case is closed, when the evidence has all been
introduced and the attorneys have made their arguments and pleas, the
members of the jury retire to a private room by themselves. There they
discuss the evidence, come to some conclusion, make a finding of “guilty”
or “not guilty”, and bring in their finding in the form of a verdict.
Have you also observed that the constitutional protection of your liberty
not only provides for a jury trial, but also provides that it shall be a
“speedy” trial. That is, one charged with a crime cannot without his
consent, be locked up for weeks and months and years, as has often
occurred in other parts of the world. He is entitled to be tried just as
soon as the case can be prepared for trial, in justice to both sides.
Cases are often postponed for many months, but only by consent of the
accused. A case not tried at the second term of court will usually be
dismissed except when the defendant consents to the delay.
The Constitution also provides that it must be a public trial. Oh! how
many men in the long ago have been tried and condemned in private, where
only a few enemies were present, where one’s friends and neighbors could
not hear the charges or the evidence. In this country the doors of the
court room must be open. Any one has a right to enter and listen to the
proceedings. The public has a right to know what is being charged against
the humblest citizen, and what the proceedings against him are. Thus is
justice guarded.
Then the Constitution provides that the trial shall be before “_an
impartial jury of the State and district wherein the crime shall have been
committed_.” This is important. We are not to be sent away among strangers
to be tried. That is what they used to do long ago. That is one of the
things which our forefathers complained of most bitterly. In the
Declaration of Independence the colonies declared:
Public-domain text, read in full here on John Shaqi.
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