y of an offense upon their own
observation and knowledge, or upon evidence before them, and without any
bill of indictment laid before them at the suit of government."[59] In
the case of a presentment, the party accused cannot be held to trial
until he has been indicted. After hearing the evidence, if the grand
jury concludes that the accusation is not true, they write on the back
of the bill, "Not a true bill" or "Not found." The accused, if held in
custody, is then given his freedom, but he may be again indicted by
another grand jury. If the grand jury decides that the accusation is
true, they then write on the back of the bill, "A true bill" or "Found."
The indicted person must be held to answer the charges made against him.
[Footnote 59: Story, "Commentaries on the Constitution," Sec. 1784.]
Rights of the Accused.--Amendment VI. _In all criminal
prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and district wherein the crime
shall have been committed, etc. _(See Appendix A).
Amendment VII. _In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury shall be otherwise reexamined in
any court of the United States, than according to the rules of the
common law._
The accused must be given a public and speedy trial before an impartial
jury, known as the petit jury, consisting of twelve men from the
district wherein the crime was committed. The decision must be unanimous
before a verdict can be rendered. The accused is given a copy of the
indictment in which the nature of the accusation is clearly set forth
and is granted time in which to prepare for his defense. Equally just
and significant are the provisions that he shall be confronted by the
witnesses against him, may compel the attendance of witnesses in his
favor, and may employ counsel for his defense. In case he is not able to
pay for his own counsel, the judge appoints one whose services are paid
for out of the public treasury. If the verdict has been rendered by a
jury and the judgment pronounced, the accused cannot be again brought to
trial on the same charge.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. What are the names of the members of the Supreme Court at present?
Congressional Directory.
2. How large is the district in which your home is located? Who are the
judges? Congressional Dir
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