The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
C. Show how this benefits the poor man and the rich man equally.
D. Why are some trials delayed for many months?
E. What is the importance of the clause “shall have been previously
ascertained by law”?
F. Discuss the relative role of jury and judge in a trial.
G. Write a paper on the following:
The Method of Selecting Jurors in Your State
Delay in Trial
The Injustice of Remote Trials
Trial by Jury vs. Trial by a Judge
The Procedure of a Trial From Beginning to End
XV. THE INDICTMENT
Defendant Must Be Informed Concerning The Accusation Against Him
Now, my friends, in order to understand more fully the value of our
constitutional rights, let us again imagine ourselves in a place of
danger, danger of our liberty or of our life, and let us recall how
carefully we have been guarded. To the poorest tramp, or the richest
millionaire, the same rules apply. Innocent persons may be accused of
crimes; they may be arrested, but they cannot be brought into court and
put upon trial until they are fully advised of the charge against them.
The Constitution provides:
“_In all criminal prosecutions, the accused shall ... be informed of the
nature and cause of the accusation._”(67)
This is the first step in bringing a person to trial. He does not go
blindly. He must be informed “of the nature and cause” of the charge
against him. He must be given full knowledge of the crime which it is
claimed he committed. _How is this done?_ Well, we have to consider the
constitutional provision that one cannot be put upon trial for an infamous
crime “_unless on a presentment or indictment of a Grand Jury_”. What this
constitutional provision means is, that a grand jury shall hear and
consider the evidence and, if satisfied that a person shall be tried, they
shall draw up a writing called an “indictment”, which they shall return
publicly in court. This indictment is a brief statement by which the grand
jury makes a charge against the person named of having committed a certain
offense, and the indictment must state not only the name of the offense,
but the manner, briefly stated, in which the grand jury claims the offense
was committed.
So that under this constitutional guaranty the person accused knows what
he is to be tried for. This enables him to prepare for his defense. When
his attorney is consulted he examines a copy of the indictment. He sees
what is charged in it. He then talks over with the accused the facts and
circumstances with relation to the crime charged. He then makes proper
inquiry. If possible he secures witnesses with relation to the charge and
thus is enabled to come into court ready to hear the evidence offered by
the prosecution and ready to introduce witnesses to contradict or explain
the testimony introduced by the prosecution.
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