The Short Constitution Part 15

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?

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 const.i.tutional 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 Const.i.tution 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 const.i.tutional provision that one cannot be put upon trial for an infamous crime "_unless on a presentment or indictment of a Grand Jury_". What this const.i.tutional 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 const.i.tutional 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 circ.u.mstances 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.

So you see how valuable this right is. One may proceed intelligently, with full light upon the alleged transaction. He is not required to stumble in the darkness, perhaps to tumble into a pitfall. Without such a provision you can see how helpless an innocent person might be if brought suddenly before the court for trial for an offense which he never committed. If he were not first advised of the nature of the charge and the circ.u.mstances he might be helpless. You know evidence is brought before the court by witnesses who are called by the attorneys for the prosecution and for the accused. These witnesses take oath to tell the truth. But, unfortunately, witnesses do not always tell the truth. They sometimes commit perjury. One must be ready to meet false testimony. By the const.i.tutional guaranty requiring that the accusation be in writing, stating the crime and its nature, one can be prepared. In many of the States still greater precaution is taken to guard against any possible wrong, by requiring not only an indictment but also requiring that there shall be furnished to the person accused the names of witnesses and a brief statement of the evidence which the prosecution expects to offer, this to be furnished before the trial commences so that the defendant may get ready to meet it.

Did you ever go into a court when a man was upon trial for a grave offense? You should do so. Everyone should do so. But you should go there with the proper spirit, not for amus.e.m.e.nt, not to criticise, but with a full realization of the great human drama there being enacted. There at or near the trial table you will see the defendant, the man who is being tried. He may be a stranger. He may be poor. He may possibly be wicked, but he is a human being; and no matter what faults he may have he is an American citizen, and under the Const.i.tution of our country he cannot be convicted until proven guilty of the particular crime charged in the indictment. He sits there while witnesses are telling their stories. You will see him watching the jury. Occasionally he looks at the judge. But he knows that no matter what the judge may think, he cannot find him guilty.

The jury and the jury alone can convict.

It is a solemn proceeding, though the lawyers may at times appear to use trifling words in their discussions. The prisoner looks through the court room window. Outside the sun is s.h.i.+ning, the birds are singing, and the breezes sway the branches of the green trees. Everything seems to suggest liberty and freedom. At no time is liberty so sweet as when it is in danger. The prisoner realizes that in a few days the trial will be ended and the verdict of the jury will determine whether he shall go out of the court room to freedom or to prison.

To-day it is the stranger who is on trial. To-morrow it may be someone who is near and dear to you. If such misfortune should come, then you will fully realize what a wonderful blessing it is that under our Const.i.tution everyone is a.s.sured of a fair trial, that a person can only be tried for the specific offense stated in the indictment, and that a verdict of guilty can only be rendered when the evidence is strong enough to convince the jury of guilt beyond a reasonable doubt.

ELEMENTARY QUESTIONS

1. Restate the guaranties that every man has before being brought to trial.

2. Why should the accused be informed of the nature of the accusation?

3. What would be the result if he were not so informed?

4. Why is it necessary that this accusation be put in writing?

5. Why is this important to everybody?

ADVANCED QUESTIONS

A. Ill.u.s.trate the dangers of secret charges.

B. What chance has a person with malicious and secret gossip?

C. Upon a trial can evidence of hearsay or gossip be offered to prove guilt?