ations of evil minded persons. It is to prevent this that grand
juries are instituted, who make careful examinations into the cases
brought before them, and do not often charge persons with crime unless
there is a strong probability of their being found guilty on trial.
Sec.9. So important was the institution of grand juries considered, that
the constitution of the United States, to which the constitutions and
laws of the states must conform, was made to provide, that "no person
shall be held to answer for a capital or other infamous crime, unless on
a presentment or indictment of a grand jury," except in certain cases.
(Con. U.S., Amend. Art. V. For the definition of "infamous crime," see
Chap. VI., Sec.7.)
Sec.10. It is the opinion of many that this requirement of a previous
indictment by a grand jury has reference only to the courts of the
United States; and that the states may dispense with it. Hence, efforts
are now making in some states to abolish grand juries. It is supposed
that an examination at all times before a justice or a judge, when the
prisoner can be present with his witnesses, is more likely to protect
him against being unnecessarily subjected to the trouble and expense of
a trial, than before a grand jury, where complaints are often made by
malicious persons, and sustained by the testimony of partial or corrupt
witnesses.
Sec.11. The _supreme court_ is generally the next higher, and in most of
the states, the highest state court. This court differs somewhat in the
different states, both in the manner of its formation and in its
jurisdiction. It is believed, however, to have, in the states generally,
both original and appellate jurisdiction, civil and criminal. In the
state of New York and a few other states, there is one higher court,
called _court of appeals_, which has appellate power only. Its business
is to review cases from the supreme court.
Sec.12. Suits in the county, circuit, and supreme courts, are commenced by
a _writ_, (in some states a summons or a declaration,) which is served
by the sheriff of the county in which the suit is to be tried. He also
serves warrants and executions issued by these courts. A sheriff is to
these courts what a constable is to a justice's court. His powers and
duties have been elsewhere described. (Chap. XIV., Sec.8.)
Chapter XX.
Chancery or Equity Courts; Probate Courts; Court of Impeachment.
Sec.1. It might be supposed, that in instituti
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