ders is so
urgent, that summary methods of trial must be permitted.

For information regarding trial by court martial, see appendix, page 338.

[3] That is, when a jury has rendered its verdict and judgment has been
pronounced, the accused cannot be compelled to submit to another trial on
the same charge. But if the jury disagrees and fails to bring in a
verdict, he may be tried again.

[4] Accused persons used to be tortured for the purpose of extorting from
them a confession of guilt.

[5] In a despotism, the lives, liberty and property of the people are at
the command of the ruler, subject to his whim. [6] For an illustration
of the method of securing private property for public use, see page 18.

ARTICLE VI.

RIGHTS OF ACCUSED PERSONS.

_In all criminal prosecutions the accused shall enjoy the right to a
speedy[1] and public[2] trial by an impartial jury[3] of the state and
district wherein the crime shall have been committed, which district shall
have been previously ascertained by law,[4] and to be informed of the
nature and cause of the accusation;[5] to be confronted with the witnesses
against him;[6] to have compulsory process for obtaining witnesses in his
favor;[7] and to have the assistance of counsel for his defense.[8]_

The importance of this provision is likely to be underestimated. Says
Montesquieu, "Liberty consists in security. This security is never more
attacked than in public and private accusations. It is, therefore, upon
the excellence of the criminal laws that chiefly the liberty of the
citizen depends." And Lieber, in his very able work on Civil Liberty and
Self-Government, says, "A sound penal trial is invariably one of the last
fruits of political civilization, partly because it is one of the most
difficult of subjects to elaborate, and because it requires long
experience to find the proper mean between a due protection of the
indicted person and an equally due protection of society.... It is one of
the most difficult things in all spheres of action to induce irritated
power to limit itself."

Besides the guarantees of the constitution, Lieber mentions the following
as characteristic of a sound penal trial: the person to be tried must be
present (and, of course, living); every man must be held innocent until
proved otherwise; the indictment must be definite, and the prisoner must
be allowed reasonable time to prepare his defense; the trial must be oral;
there must be well-consider