ch would
unfit the proposed juror for rendering an impartial verdict.
Habeas Corpus.--Not connected directly with trials but related to the
district court is the writ of _habeas corpus_. This is the most famous
writ in law, and has been styled "the chief bulwark of liberty." It was
designed originally to secure a person from being detained in prison
without due process of law, and it served as a mighty check upon arbitrary
power. Its operation has been extended so as to include any detention
against the will of the person detained. The writ, as will be seen by
reference to the appendix (p. 290), commands the person holding another in
custody to bring him before the judge and show cause for the detention. If
the judge finds that the prisoner is detained for cause he remands him to
custody; if not he orders his discharge.
Concluding Remarks.--This discussion might easily be continued. Volumes
have been written on the administration of justice. But perhaps enough has
been given to show that great care is taken to protect the interests of
the innocent and to do equal and exact justice to all. In view of flippant
remarks sometimes made regarding courts of justice, it is pertinent and
proper to go at least so far into detail. The study of Civil Government
will have been pursued to little purpose if respect for law be not one of
its fruits.
_Some Pertinent Questions_
How many judicial districts in this state? [Footnote: Consult Legislative
Manual.] How many counties in the largest? In the smallest? How many have
more than one judge? Why not let each county constitute a judicial
district?
If some one owed you $40 and refused to pay, in what court could you sue?
If he owed you $250? If the suit involved $1,000,000?
What is the relation of the plea to the action? Can anything be proved
which is not alleged in the plea? Show the purpose of each rule of
pleading. Of each rule of evidence.
What are the differences between a grand jury and a petit jury? Why is
each so named?
If a person accused of crime is examined and held by a justice of the
peace, as stated in a previous chapter, must he be indicted by a grand
jury before he can be tried? Why? May a person's acts be inquired into by
the grand jury without his knowing anything about it? May grand jurors
reveal the proceedings of the jury? Why?
Why is there such a thing as a peremptory challenge of a juror? Why so
many given to a person accused of crime?
Are
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