CHAPTER LXIV. GRAND JURY.

 1. By turning to the fifth article of the amendments¹ to the Constitution, you will find these words: “No person shall be held to answer for a capital or otherwise infamous² crime, unless on a presentment or indictment³ of a Grand Jury; except in cases arising in the land or naval⁴ forces, or in the militia⁵, when in actual service, in time of war or public danger.” This constitutional provision makes a Grand Jury a very important agent or instrumentality in the execution of the laws, and also a safeguard of the liberties and rights of the people. It secures every person from the expense and disgrace of a trial for infamous crimes, unless a Grand Jury of his countrymen[442] shall find upon inquiry⁶ and investigation⁷, that there are good reasons for believing that the person so charged has committed the alleged⁸ offense⁹.

2. This provision not only protects those who are charged with these crimes against the laws of the United States, but those also who may be charged with such offenses¹⁰ against the laws of any State; for no State can arrest and try any person for a capital or infamous crime without these preliminary proceedings¹¹ of a Grand Jury; and should it do so, the United States Supreme¹² Court would set its laws aside, as contrary to the Constitution of the United States. Here we see that the government is just as careful to protect its citizens from injustice¹³ by hasty judicial¹⁴ proceedings as it is to punish them after a fair and impartial¹⁵ trial.

3. A Grand Jury, when called to take cognizance of violations¹⁶ of the laws of the United States, to find indictments¹⁷ against those who are charged with them, is summoned by a judge of a United States court in the circuit or district where the alleged crime has been perpetrated; and it must take notice of all crimes against the laws of the United States, which may be brought to its knowledge, within the circuit or district in which it sits. Hence, if ordered by a Circuit Judge, its powers extend over all those States which lie in that circuit. But when ordered by a District Judge, its powers extend only to that district in which it sits, and a district never embraces more than one State, and in many cases a State is divided into two or three districts.

4. This shows us how much more extensive is the jurisdiction¹⁸ of a Grand Jury, when acting¹⁹ under the laws of the United States, than when acting under State laws. In the former it extends generally all over a State, and sometimes over several States. But in the latter it is confined to the county in which it sits.

GRAND AND PETIT JURIES.

 

A Grand Jury never acts but in criminal cases. A Petit Jury acts in both criminal and civil cases. The finding or[443] conclusion arrived at by a Grand Jury is called a presentment, or an indictment. The finding of a Petit Jury is called its verdict.

5. Second, a Grand Jury sits alone (not in the presence of the court), and deliberates upon such matters of a criminal character as it possesses knowledge of, or which may be brought to its notice by the court or by other persons; and when it finds that great evils exist, and wrongs have been perpetrated, it presents them to the court, and calls the attention of the law officers to them; which is equivalent to a recommendation that judicial proceedings should be commenced to abate²⁰ the evil, or to punish the wrong-doer. This is called a presentment of the Grand Jury.

And when they find, upon such evidence as they have, that a great crime has been perpetrated, or that they have good reason so to believe, and that it has been perpetrated by some person specified²¹, they report their finding or conclusion to the Court. This is called an indictment by the Grand Jury; after which the person so charged is arrested, if at large, and can be found, and is either imprisoned²² or held to bail²³ for his appearance at court to stand trial.

6. A Grand Jury never tries a case. It only says to the court by its presentment or indictment, that the case presented, or the person indicted²⁴, ought to be brought before the court, and tried for the alleged wrong or crime.

A Petit Jury sits with the court, hears the pleadings and arguments of counsel on both sides, listens to the evidence of witnesses; and then hears the charge of the judge, as to the law applicable to the case; after which they withdraw and deliberate alone upon the case, and if they agree in a criminal case, their verdict is “Guilty,” or “Not Guilty;” if in a civil suit, they say how much one party is indebted (if any), to the other.

7. The object aimed at in that article of the Constitution which stands at the head of this chapter, is to protect persons from false charges of crime, and hasty adjudication of such[444] charges; for it substantially amounts to a declaration that no person shall be punished for a capital or infamous crime, unless one jury, before trial, shall, upon information and belief, charge him with the offense; and another, after trial, shall find him guilty of the alleged crime.

The above remarks are as applicable to Grand and Petit Juries, acting under State, as those which act under the United States laws.

1 amendments   

（法律、文件的）改动( amendment的名词复数 )； 修正案； 修改； （美国宪法的）修正案

参考例句：

• The committee does not adequately consult others when drafting amendments. 委员会在起草修正案时没有充分征求他人的意见。
• Please propose amendments and addenda to the first draft of the document. 请对这个文件的初稿提出修改和补充意见。

2 infamous   

adj.声名狼藉的，臭名昭著的，邪恶的

参考例句：

• He was infamous for his anti-feminist attitudes.他因反对女性主义而声名狼藉。
• I was shocked by her infamous behaviour.她的无耻行径令我震惊。

3 indictment   

n.起诉；诉状

参考例句：

• He handed up the indictment to the supreme court.他把起诉书送交最高法院。
• They issued an indictment against them.他们起诉了他们。

4 naval   

adj.海军的，军舰的，船的

参考例句：

• He took part in a great naval battle.他参加了一次大海战。
• The harbour is an important naval base.该港是一个重要的海军基地。

5 militia   

n.民兵，民兵组织

参考例句：

• First came the PLA men,then the people's militia.人民解放军走在前面，其次是民兵。
• There's a building guarded by the local militia at the corner of the street.街道拐角处有一幢由当地民兵团守卫的大楼。

6 inquiry   

n.打听，询问，调查，查问

参考例句：

• Many parents have been pressing for an inquiry into the problem.许多家长迫切要求调查这个问题。
• The field of inquiry has narrowed down to five persons.调查的范围已经缩小到只剩5个人了。

7 investigation   

n.调查，调查研究

参考例句：

• In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
• He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

8 alleged   

a.被指控的，嫌疑的

参考例句：

• It was alleged that he had taken bribes while in office. 他被指称在任时收受贿赂。
• alleged irregularities in the election campaign 被指称竞选运动中的不正当行为

9 offense   

n.犯规，违法行为；冒犯，得罪

参考例句：

• I hope you will not take any offense at my words. 对我讲的话请别见怪。
• His words gave great offense to everybody present.他的发言冲犯了在场的所有人。

10 offenses   

n.进攻( offense的名词复数 )；（球队的）前锋；进攻方法；攻势

参考例句：

• It's wrong of you to take the child to task for such trifling offenses. 因这类小毛病责备那孩子是你的不对。 来自《简明英汉词典》
• Thus, Congress cannot remove an executive official except for impeachable offenses. 因此，除非有可弹劾的行为，否则国会不能罢免行政官员。 来自英汉非文学 - 行政法

11 proceedings   

n.进程，过程，议程；诉讼(程序)；公报

参考例句：

• He was released on bail pending committal proceedings. 他交保获释正在候审。
• to initiate legal proceedings against sb 对某人提起诉讼

12 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

13 injustice   

n.非正义，不公正，不公平，侵犯（别人的）权利

参考例句：

• They complained of injustice in the way they had been treated.他们抱怨受到不公平的对待。
• All his life he has been struggling against injustice.他一生都在与不公正现象作斗争。

14 judicial   

adj.司法的，法庭的，审判的，明断的，公正的

参考例句：

• He is a man with a judicial mind.他是个公正的人。
• Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

15 impartial   

adj.(in,to)公正的，无偏见的

参考例句：

• He gave an impartial view of the state of affairs in Ireland.他对爱尔兰的事态发表了公正的看法。
• Careers officers offer impartial advice to all pupils.就业指导员向所有学生提供公正无私的建议。

16 violations   

违反( violation的名词复数 )； 冒犯； 违反（行为、事例）； 强奸

参考例句：

• This is one of the commonest traffic violations. 这是常见的违反交通规则之例。
• These violations of the code must cease forthwith. 这些违犯法规的行为必须立即停止。

17 indictments   

n.（制度、社会等的）衰败迹象( indictment的名词复数 )；刑事起诉书；公诉书；控告

参考例句：

• A New York jury brought criminal indictments against the founder of the organization. 纽约的一个陪审团对这个组织的创始人提起了多项刑事诉讼。 来自《简明英汉词典》
• These two indictments are self-evident and require no elaboration. 这两条意义自明，无须多说。 来自互联网

18 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

19 acting   

n.演戏，行为，假装；adj.代理的，临时的，演出用的

参考例句：

• Ignore her,she's just acting.别理她，她只是假装的。
• During the seventies,her acting career was in eclipse.在七十年代，她的表演生涯黯然失色。

20 abate   

vi.(风势，疼痛等)减弱，减轻，减退

参考例句：

• We must abate the noise pollution in our city.我们必须消除我们城里的噪音污染。
• The doctor gave him some medicine to abate the powerful pain.医生给了他一些药，以减弱那剧烈的疼痛。

21 specified   

adj.特定的

参考例句：

• The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。
• It is generated by some specified means. 这是由某些未加说明的方法产生的。

22 imprisoned   

下狱，监禁( imprison的过去式和过去分词 )

参考例句：

• He was imprisoned for two concurrent terms of 30 months and 18 months. 他被判处30个月和18个月的监禁，合并执行。
• They were imprisoned for possession of drugs. 他们因拥有毒品而被监禁。

23 bail   

v.舀（水），保释；n.保证金，保释，保释人

参考例句：

• One of the prisoner's friends offered to bail him out.犯人的一个朋友答应保释他出来。
• She has been granted conditional bail.她被准予有条件保释。

24 indicted   

控告，起诉( indict的过去式和过去分词 )

参考例句：

• The senator was indicted for murder. 那位参议员被控犯谋杀罪。
• He was indicted by a grand jury on two counts of murder. 他被大陪审团以两项谋杀罪名起诉。