“He (the King of Great Britain) has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their acts of pretended legislation ... for depriving us in many cases, of the benefits of Trial by Jury ... for transporting us beyond Seas to be tried for pretended offenses.” When the Constitution was adopted the people made up their minds that nothing of that kind should ever occur again in free America. They were so careful that they went so far as to provide that the district where a trial shall be held “_shall have been previously ascertained by law_”. That is to say, that the place of trial, the county or district where it shall be held, must be fixed by law before the crime is committed. The courts or the legislature of any State cannot, after a crime is committed, pass a law providing that such a crime shall be tried in a district then to be named. The law must fix this in advance of the commission of any offense. For instance, without such a constitutional provision, a person who committed a crime in the State of New York might be taken to California to be tried. This would not be American justice. The accused would have the right to point to the Constitution of his country and demand that he should be tried in New York, and any court which would not grant this right would not only violate the oath which every judge takes before he undertakes to perform the duties of such office, but his unlawful conduct would perhaps result in his impeachment. The proceedings would be reversed by a higher court, and the party would be granted a new trial at a place and in accordance with his constitutional privileges. Isn’t it wonderful how the little details which may affect one’s liberty were so carefully considered away back there when they were planning the Nation and establishing the rules which would guard the rights of the people? ELEMENTARY QUESTIONS 1. Why should all of us be interested in a trial? 2. Describe a court room scene. 3. Why is trial by jury a sacred right? What would it be like if we did not have this right? 4. How are jurors selected in your State? 5. Why is the trial to be held in the vicinity where the crime was committed? What would be the dangers of taking it far away? 6. Why should the jury be impartial? 7. If the accused person is guilty, why is it advisable to plead guilty? 8. Why is it impracticable to hold a trial immediately after the arrest of the accused person? 9. What is the first step in the actual trial? 10. After a jury is selected, what is required of them before the trial commences? 11. Why is a speedy trial essential to justice? 12. Why is it important that the trial should be public? 13. State some offenses that are sometimes tried without a jury. ADVANCED QUESTIONS A. Can the judge declare an accused man guilty? B. How is trial by jury an evidence of the rule of the people?