This is an accepted version of this page
132-619: The Vicinage Clause is a provision in the Sixth Amendment to the United States Constitution regulating the vicinity from which a jury pool may be selected. The clause says that the accused shall be entitled to an "impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law". The Vicinage Clause limits the vicinity of criminal jury selection to both
264-529: A change of venue due to the impossibility of finding an impartial jury in the location where the crime was committed. A similar problem was cited by the Nevada Legislature in 1989 when it dissolved Bullfrog County , an uninhabited county (the only uninhabited county in the history of the United States) created in 1987 for the sole purpose of shifting federal transfer payments related to the creation of
396-533: A capital case, where the defendant is unable to employ counsel, and is incapable adequately of making his own defense because of ignorance, feeble mindedness, illiteracy, or the like, it is the duty of the court, whether requested or not, to assign counsel for him." In Johnson v. Zerbst , 304 U.S. 458 (1938), the Supreme Court ruled that in all federal cases, counsel would have to be appointed for defendants who were too poor to hire their own. In 1961,
528-403: A defendant, he has a right to legal assistance when the government interrogates him and that when a defendant is arrested, "arraigned on [an arrest] warrant before a judge", and "committed by the court to confinement", "[t]here can be no doubt that judicial proceedings ha[ve] been initiated." A criminal defendant may represent himself, unless a court deems the defendant to be incompetent to waive
660-632: A foreign alliance and finalizing the Articles of Confederation . John Adams gave a speech in reply to Dickinson, restating the case for an immediate declaration. A vote was taken after a long day of speeches, each colony casting a single vote, as always. The delegation for each colony numbered from two to seven members, and each delegation voted among themselves to determine the colony's vote. Pennsylvania and South Carolina voted against declaring independence. The New York delegation abstained, lacking permission to vote for independence. Delaware cast no vote because
792-598: A formal declaration would still have to be made. On the same day that Congress passed Adams' preamble, the Virginia Convention set the stage for a formal Congressional declaration of independence. On May 15, the Convention instructed Virginia's congressional delegation "to propose to that respectable body to declare the United Colonies free and independent States, absolved from all allegiance to, or dependence upon,
924-653: A formal response. Congress organized a boycott of British goods and petitioned the king for repeal of the acts. These measures were unsuccessful, however, since King George and the Prime Minister, Lord North , were determined to enforce parliamentary supremacy over the Thirteen Colonies. In November 1774, King George, in a letter to North, wrote, "blows must decide whether they are to be subject to this country or independent". Most colonists still hoped for reconciliation with Great Britain, even after fighting began in
1056-598: A jury of six would be sufficient, but anything less would deprive the defendant of a right to trial by jury. In Ramos v. Louisiana (2020), the Court ruled that the Sixth Amendment mandates unanimity in all federal and state criminal jury trials. The Sixth Amendment requires juries to be impartial. Impartiality has been interpreted as requiring individual jurors to be unbiased. At voir dire , each side may question potential jurors to determine any bias, and challenge them if
1188-407: A jury trial in the same state and district that the crime was committed. 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, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with
1320-482: A limited distance round a particular spot; a neighbourhood." The OED cites Thomas Fuller 's Church History (1655): "King Ethelred . . . began the tryal of Causes by a Jury of twelve men to be chosen out of the Vicenage." According to Blackstone , in medieval England, the "vicinage of the jury" referred to a jury drawn from the relevant county . A 1543 statute of Henry VIII of England permits treason committed outside
1452-531: A much-needed military victory in the Battle of Trenton against a Hessian military garrison at Trenton . Common Sense was sold and distributed widely and read aloud at taverns and meeting places. In proportion to the population of the colonies at that time (2.5 million), it had the largest sale and circulation of any book published in American history. As of 2006, it remains the all-time best-selling American title and
SECTION 10
#17328758748681584-619: A neighboring province if "an indifferent trial cannot be had within" Massachusetts. The Virginia House of Burgesses condemned the renewal of the treason law on May 16, 1769 in the Virginia Resolves : The same resolution referred to the "inestimable Privilege of being tried by a Jury from the Vicinage." The Declaration and Resolves of the First Continental Congress adopted on October 14, 1774, resolved: On October 26, 1774,
1716-474: A new status of interdependence: the United States was now a sovereign nation entitled to the privileges and responsibilities that came with that status. America thus became a member of the international community, which meant becoming a maker of treaties and alliances, a military ally in diplomacy, and a partner in foreign trade on a more equal basis." The declaration is not divided into formal sections; but it
1848-851: A practical matter) with the venue provision of Article Three and Rule 18 of the Federal Rules of Criminal Procedure . Further, with the exception of the Court for the District of Wyoming , whose district includes the portions of Yellowstone National Park in Idaho and Montana, no federal judicial district includes the territory of two or more states (except, historically, the District of Potomac , which existed from February 1801 to March 1802). The Oxford English Dictionary defines "vicinage" as "A number of places lying near to each other taken collectively; an area extending to
1980-516: A purposive, rather than textualist, interpretation of the Clause by arguing that a jury drawn from elsewhere could satisfy the purposes of the Clause. Kalt also notes that the Vicinage Clause would not protect against civil liability or vigilante justice . The defendant could also be charged under state law if it was violation of that as well. Others have noted that the prosecution could simply move for
2112-403: A representative cross-section of the community. The right to a jury applies only to offenses in which the penalty is imprisonment for longer than six months. In Barker v. Wingo , the Supreme Court articulated a balancing test to determine whether a defendant's right to a speedy trial had been violated. It has additionally held that the requirement of a public trial is not absolute and that both
2244-729: A series of measures to increase revenue from the colonies, such as the Stamp Act of 1765 and the Townshend Acts of 1767. Parliament believed that these acts were a legitimate means of having the colonies pay their fair share of the costs to keep them in the British Empire . Many colonists, however, had developed a different perspective of the empire. The colonies were not directly represented in Parliament, and colonists argued that Parliament had no right to levy taxes upon them. This tax dispute
2376-646: A topic few had dared to discuss. As Common Sense was circulated throughout the Thirteen Colonies , public support for independence from Great Britain steadily increased. After reading it, Washington ordered that it be read by his Continental Army troops, who were demoralized following recent military defeats. A week later, Washington led the crossing of the Delaware in one of the Revolutionary War 's most complex and daring military campaigns, resulting in
2508-547: A week later by the New York Provincial Congress . The resolution of independence was adopted with twelve affirmative votes and one abstention, and the colonies formally severed political ties with Great Britain. John Adams wrote to his wife on the following day and predicted that July 2 would become a great American holiday He thought that the vote for independence would be commemorated; he did not foresee that Americans would instead celebrate Independence Day on
2640-523: Is most likely inauthentic, the Mecklenburg Declaration of Independence , allegedly adopted in May 1775 (a full year before other local declarations). Some colonies held back from endorsing independence. Resistance was centered in the middle colonies of New York, New Jersey, Maryland, Pennsylvania, and Delaware. Advocates of independence saw Pennsylvania as the key; if that colony could be converted to
2772-408: Is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. Common Sense made a persuasive, impassioned case for independence, which had not been given serious consideration in the colonies. Paine linked independence with Protestant beliefs, as a means to present a distinctly American political identity, and he initiated open debate on
SECTION 20
#17328758748682904-406: Is not sufficient to set forth the offense in the words of the statute, unless those words of themselves fully, directly, and expressly, without any uncertainty or ambiguity, set forth all the elements necessary to constitute the offense intended to be punished." Vague wording, even if taken directly from a statute, does not suffice. However, the government is not required to hand over written copies of
3036-571: Is often discussed as consisting of five parts: introduction , preamble , indictment of King George III, denunciation of the British people, and conclusion . Asserts as a matter of Natural Law the ability of a people to assume political independence; acknowledges that the grounds for such independence must be reasonable, and therefore explicable, and ought to be explained. "When in the Course of human events, it becomes necessary for one people to dissolve
3168-762: Is preserved at the Library of Congress in Washington, D.C. , complete with changes made by Adams and Franklin, and Jefferson's notes of changes made by Congress. The best-known version of the Declaration is the signed copy displayed at the National Archives in Washington, D.C., which is popularly regarded as the official document; this copy, engrossed by Timothy Matlack , was ordered by Congress on July 19, and signed primarily on August 2, 1776. On November 19, 1863, following
3300-484: Is some uncertainty about how the drafting process proceeded; contradictory accounts were written many years later by Jefferson and Adams, too many years to be regarded as entirely reliable, although their accounts are frequently cited. What is certain is that the committee discussed the general outline which the document should follow and decided that Jefferson would write the first draft. The committee in general, and Jefferson in particular, thought that Adams should write
3432-562: Is still in print today. While some colonists still hoped for reconciliation, public support for independence strengthened considerably in early 1776. In February 1776, colonists learned of Parliament's passage of the Prohibitory Act , which established a blockade of American ports and declared American ships to be enemy vessels. John Adams , a strong supporter of independence, believed that Parliament had effectively declared American independence before Congress had been able to. Adams labeled
3564-577: The American Revolutionary War at Lexington and Concord in April 1775. The Second Continental Congress convened at Pennsylvania State House, later renamed Independence Hall , in Philadelphia in May 1775. Some delegates supported eventual independence for the colonies, but none had yet declared it publicly, which was an act of treason punishable by death under the laws of the British monarchy at
3696-663: The Battle of Gettysburg , the bloodiest battle of the American Civil War , Abraham Lincoln made the Declaration the centerpiece of his Gettysburg Address , a brief but powerful and enduring 271-word statement dedicating what became Gettysburg National Cemetery . The Declaration of Independence has proven an influential and globally impactful statement on human rights, particularly its second sentence: "We hold these truths to be self-evident, that all men are created equal , that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and
3828-590: The Boston Tea Party in 1773. Anticipating the arrangement of the British Commonwealth , by 1774 American writers such as Samuel Adams , James Wilson , and Thomas Jefferson argued that Parliament was the legislature of Great Britain only, and that the colonies, which had their own legislatures, were connected to the rest of the empire only through their allegiance to the Crown. In 1774, Parliament passed
3960-830: The Coercive Acts , known as the Intolerable Acts in the colonies. This was intended to punish the colonists for the Gaspee Affair of 1772 and the Boston Tea Party of 1773. Many colonists considered the Coercive Acts to be in violation of the British Constitution and a threat to the liberties of all of British America . In September 1774, the First Continental Congress convened in Philadelphia to coordinate
4092-674: The Committee of Five , including John Adams , Benjamin Franklin , Thomas Jefferson , Robert R. Livingston , and Roger Sherman , with authoring the Declaration. Adams, a leading proponent of independence, persuaded the Committee of Five to charge Jefferson with writing the document's original draft, which the Second Continental Congress then edited. Jefferson largely wrote the Declaration in isolation between June 11 and June 28, 1776, from
Vicinage Clause - Misplaced Pages Continue
4224-514: The Continental Congress approved an address to the people of Quebec , drafted by Thomas Cushing , Richard Henry Lee , and John Dickinson , arguing that: The United States Declaration of Independence (1776) accuses King George III of "transporting us beyond seas to be tried for pretended offences". The New Jersey Plan contained a provision that: "[N]o person shall be liable to be tried for any criminal offense, committed within any of
4356-428: The Federal Rules of Criminal Procedure —"where the offense was committed". The three provisions have been interpreted in tandem to refer to the locus delicti of the offense. Lower courts are split on whether the Clause requires that the defendant be tried in a judicial district that was in existence at the time the crime was committed. Some courts have held that it does. Others have held that it does not and that
4488-592: The Indian Territory , Navassa Island , and the No Man's Land of the Oklahoma Panhandle , the Supreme Court has held that the Clause places no limits on the prosecution of crimes committed outside the territory of a state . The Clause does not require a jury drawn from the judicial division (a subset of a federal judicial district ) within which the crime occurred; rather, the jury may be drawn from any division of
4620-569: The Yucca Mountain nuclear waste facility directly to the Nevada state treasury. Before the adoption of the federal Constitution, only two state constitutions provided an explicit vicinage right. The Virginia Constitution of 1776 provided: "in all capital or criminal prosecutions a man hath a right to . . . an impartial jury of twelve men of his vicinage." The Pennsylvania Constitution of 1776 read similarly, but said "county" instead of "vicinage"; it
4752-505: The exigencies of their affairs" to adopt new governments. The resolution passed unanimously, and was even supported by Pennsylvania's John Dickinson , the leader of the anti-independence faction in Congress, who believed that it did not apply to his colony. This Day the Congress has passed the most important Resolution, that ever was taken in America. —John Adams, May 15, 1776 As
4884-513: The first Judiciary Act (already being debate) were sufficient. A second letter from Madison to Pendleton recounts that the Senators were The committee adopted the version that passed Congress and was ratified by the states: The Vicinage Clause applies only to petit juries , not grand juries , although some cases finding no violation of the Clause have assumed without deciding that the Clause does apply to grand juries. In murder cases arising from
5016-449: The slave trade . Jefferson later wrote in his autobiography that Northern states were also supportive towards the clauses removal, "for though their people had very few slaves themselves, yet they had been pretty considerable carriers of them to others." Jefferson wrote that Congress had "mangled" his draft version, but the Declaration that was finally produced was "the majestic document that inspired both contemporaries and posterity", in
5148-503: The state and the federal judicial district where the crime has been committed. This is distinct from the venue provision of Article Three of the United States Constitution , which regulates the location of the actual trial. The Vicinage clause has its roots in medieval English criminal procedure, the perceived abuses of criminal vicinage and venue during the colonial period (when trials for treason were being held in England rather than in
5280-718: The "realm" to be tried "before such commissioners, and in such shire of the realm, as shall be assigned by the King's majesty's commission." Parliament renewed the statute in 1769. This law was used to try colonists accused of treason in England. A 1772 statute of George III of the United Kingdom permits destruction of dockyards, magazines, ships, ammunition, and supplies committed outside the "realm" to be tried in any "shire or county within this realm". A 1772 statute permitted capital crimes committed in Massachusetts to be tried in England or
5412-577: The British Constitution recognized certain fundamental rights that no government could violate, including Parliament. After the Townshend Acts, some essayists questioned whether Parliament had any legitimate jurisdiction in the colonies. As a result of this ideological shift in the colonies, many colonialists participated in tax protests against the Royal authority such as the Pine Tree Riot in 1772 and
Vicinage Clause - Misplaced Pages Continue
5544-474: The British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved." Lee's resolution met with resistance in the ensuing debate. Opponents of the resolution conceded that reconciliation was unlikely with Great Britain, while arguing that declaring independence was premature, and that securing foreign aid should take priority. Advocates of
5676-515: The Congressional instructions revised. For Congress to declare independence, a majority of delegations would need authorization to vote for it, and at least one colonial government would need to specifically instruct its delegation to propose a declaration of independence in Congress. Between April and July 1776, a "complex political war" was waged to bring this about. In January 1776, Thomas Paine 's pamphlet Common Sense , which described
5808-568: The Constitution was adopted." Therefore, it was held that federal criminal juries had to be composed of twelve persons and that verdicts had to be unanimous, as was customary in England. When, under the Fourteenth Amendment , the Supreme Court extended the right to a trial by jury to defendants in state courts, it re-examined some of the standards. It has been held that twelve came to be the number of jurors by "historical accident", and that
5940-419: The Constitution, with a proviso that a Bill of Rights, including a right to "trial by an impartial jury of his vicinage", be added by amendment. North Carolina adopted the same proviso as Virginia, but refused to ratify the Constitution in its absence. New York and Rhode Island ratified the constitution with similar provisos as Virginia (but, in the case of Rhode Island, the Sixth Amendment had already been sent to
6072-604: The Continental Congress adopted Adams' May 15 preamble, and had sent to the Annapolis Convention for instructions. On May 20, the Annapolis Convention rejected Adams' preamble, instructing its delegates to remain against independence. But Samuel Chase went to Maryland and, thanks to local resolutions in favor of independence, was able to get the Annapolis Convention to change its mind on June 28. Only
6204-429: The Court decided a jury is required if a federal supervised release revocation would carry a mandatory minimum prison sentence. Article III, Section 2 of the Constitution requires defendants be tried by juries and in the state in which the crime was committed. The Sixth Amendment requires the jury to be selected from judicial districts ascertained by statute. In Beavers v. Henkel , 194 U.S. 73 (1904),
6336-589: The Court extended the rule that applied in federal courts to state courts. It held in Hamilton v. Alabama , 368 U.S. 52 (1961), that counsel had to be provided at no expense to defendants in capital cases when they so requested, even if there was no "ignorance, feeble mindedness, illiteracy, or the like". Gideon v. Wainwright , 372 U.S. 335 (1963), ruled that counsel must be provided to indigent defendants in all felony cases, overruling Betts v. Brady , 316 U.S. 455 (1942), in which
6468-563: The Court has not incorporated the vicinage right. A criminal defendant has the right to be informed of the nature and cause of the accusation against them. Therefore, an indictment must allege all the ingredients of the crime to such a degree of precision that it would allow the accused to assert double jeopardy if the same charges are brought up in subsequent prosecution. The Supreme Court held in United States v. Carll , 105 U.S. 611 (1881), that "in an indictment ... it
6600-601: The Court held that a suspended sentence that may result in incarceration cannot be imposed if the defendant did not have counsel at trial. As stated in Brewer v. Williams , 430 U.S. 387 (1977), the right to counsel "[means] at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, whether by formal charge, preliminary hearing, indictment, information, or arraignment." Brewer goes on to conclude that once adversary proceedings have begun against
6732-648: The Court ruled that state courts had to appoint counsel only when the defendant demonstrated "special circumstances" requiring the assistance of counsel. Under Argersinger v. Hamlin , 407 U.S. 25 (1972), counsel must be appointed in any case resulting in a sentence of actual imprisonment. Regarding sentences not immediately leading to imprisonment, the Court in Scott v. Illinois , 440 U.S. 367 (1979), ruled that counsel did not need to be appointed, but in Alabama v. Shelton , 535 U.S. 654 (2002),
SECTION 50
#17328758748686864-596: The Court ruled that the "primary purpose" of a shooting victim's statement as to who shot him, and the police's reason for questioning him, each had to be objectively determined. If the "primary purpose" was for dealing with an "ongoing emergency", then any such statement was not testimonial and so the Confrontation Clause would not require the person making that statement to testify in order for that statement to be admitted into evidence. The right to confront and cross-examine witnesses also applies to physical evidence;
6996-543: The Crown or Parliament of Great Britain". In accordance with those instructions, Richard Henry Lee of Virginia presented a three-part resolution to Congress on June 7. The motion was seconded by John Adams, calling on Congress to declare independence, form foreign alliances, and prepare a plan of colonial confederation. The part of the resolution relating to declaring independence read: "Resolved, that these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to
7128-479: The Declaration and the final official engrossed copy. The word "unanimous" was inserted as a result of a Congressional resolution passed on July 19, 1776: "Resolved, That the Declaration passed on the 4th, be fairly engrossed on parchment, with the title and stile of 'The unanimous declaration of the thirteen United States of America,' and that the same, when engrossed, be signed by every member of Congress." Historian George Athan Billias says: "Independence amounted to
7260-409: The Declaration of Independence came to be known as the nation's Founding Fathers . The Declaration explains to the world why the Thirteen Colonies regarded themselves as independent sovereign states no longer subject to British colonial rule. The Declaration has since become one of the most circulated, reprinted, and influential documents in world history. The Second Continental Congress charged
7392-654: The Declaration to be the foundation of his political philosophy and argued that it is a statement of principles through which the United States Constitution should be interpreted. The 56 delegates who signed the Declaration represented each of the Thirteen Colonies : New Hampshire , Massachusetts Bay , Rhode Island and Providence Plantations , Connecticut , New York , New Jersey , Pennsylvania , Maryland , Delaware , Virginia , North Carolina , South Carolina , and Georgia . The Declaration of Independence inspired many similar documents in other countries,
7524-594: The God that made me, I will cease to exist before I yield to a connection on such terms as the British Parliament propose; and in this, I think I speak the sentiments of America. By the time the Declaration of Independence was adopted in July 1776, the Thirteen Colonies and Great Britain had been at war for more than a year. Relations had been deteriorating between the colonies and the mother country since 1763. Parliament enacted
7656-455: The House amended Madison's language as follows: Aedanus Burke (A-SC) proposed that "vicinage" be replaced by "district or county in which the offence has been committed". Richard Henry Lee (A-VA) argued that "vicinage" was better, "it being a term well understood by every gentleman of legal knowledge". Rep. Burke's amendment was defeated. As amended by the Committee of Eleven, this language passed
7788-473: The House version of the Sixth Amendment, with the exception of the grand jury indictment clause. A motion to restore the House wording failed. Little is known about the Senate debate due to the illness of Senator Samuel Maclay whose journal is a key source for the proceedings of the Senate during the first Congress. A September 14, 1789 letter from Madison to Edmund Pendleton reports: The altered form in which
7920-464: The House. The Committee of Three, undertaking the task of transforming the amendments to the body of the Constitution into a separate Bill of Rights, moved the language to Article X and deleted the language concerning crimes not committed within a state. The Senate debated the Bill of Rights from September 2 to September 9 and returned a version to the House on September 10. The Senate deleted every clause from
8052-409: The Idaho portion of the park (for example, if the defendant(s) conspired elsewhere). Second, the government could charge crimes for which the maximum authorized sentence is six months or less, to which the jury right does not attach. Third, the Clause might permit the government to encourage potential jurors to move into the Idaho portion of the park after the crime. Fourth, the government might argue for
SECTION 60
#17328758748688184-492: The New York delegates were unable to get revised instructions. When Congress had been considering the resolution of independence on June 8, the New York Provincial Congress told the delegates to wait. But on June 30, the Provincial Congress evacuated New York as British forces approached, and would not convene again until July 10. This meant that New York's delegates would not be authorized to declare independence until after Congress had made its decision. Political maneuvering
8316-576: The Prohibitory Act the "Act of Independency", calling it "a compleat Dismemberment of the British Empire". Support for declaring independence grew even more when it was confirmed that King George had hired German mercenaries to use against his American subjects. In the campaign to revise Congressional instructions, many Americans formally expressed their support for separation from Great Britain in what were effectively state and local declarations of independence. Historian Pauline Maier identifies more than ninety such declarations that were issued throughout
8448-426: The Representatives of the United States of America, in General Congress assembled." Filippo Mazzei , an Italian physician and promoter of liberty, was a close friend and confidant of Thomas Jefferson. In 1774 he published a pamphlet containing the phrase, which Jefferson incorporated essentially intact into the Declaration of Independence: "All men are by nature equally free and independent". Congress ordered that
8580-436: The Rhode Island legislature renouncing its allegiance to Great Britain on May 4—the first colony to do so. Many declarations were resolutions adopted at town or county meetings that offered support for independence. A few came in the form of jury instructions, such as the statement issued on April 23, 1776, by Chief Justice William Henry Drayton of South Carolina: "the law of the land authorizes me to declare ... that George
8712-433: The Second Continental Congress unanimously passed the Lee Resolution , which established the consensus of the Congress that the British had no governing authority over the Thirteen Colonies. The Declaration justified the independence of the United States by listing 27 colonial grievances against King George III and by asserting certain natural and legal rights, including a right of revolution. After unanimously ratifying
8844-403: The Senate returned the Bill of Rights to the House led to a conference committee composed of members of both bodies. The members of the committee from the House proposed that the jury simply be defined as comporting with "the accustomed requisites". The members of the committee from the Senate were opposed to constitutionalizing the vicinage requirement, believing that the vicinage provisions of
8976-413: The Supreme Court increased the scope of the Confrontation Clause by ruling that "testimonial" out-of-court statements are inadmissible if the accused did not have the opportunity to cross-examine that accuser and that accuser is unavailable at trial. In Davis v. Washington 547 U.S. 813 (2006), the Court ruled that "testimonial" refers to any statement that an objectively reasonable person in
9108-476: The Supreme Court invalidated a state law that exempted women who had not made a declaration of willingness to serve from jury service, while not doing the same for men. In Apprendi v. New Jersey , 530 U.S. 466 (2000), and Blakely v. Washington , 542 U.S. 296 (2004), the Supreme Court ruled that a criminal defendant has a right to a jury trial not only on the question of guilt or innocence, but also regarding any fact used to increase
9240-431: The Supreme Court ruled that if the reviewing court finds that a defendant's right to a speedy trial was violated, then the indictment must be dismissed and any conviction overturned. The Court held that, since the delayed trial is the state action which violates the defendant's rights, no other remedy would be appropriate. Thus, a reversal or dismissal of a criminal case on speedy trial grounds means no further prosecution for
9372-415: The Supreme Court ruled that the place where the offense is charged to have occurred determines a trial's location. Where multiple districts are alleged to have been locations of the crime, any of them may be chosen for the trial. In cases of offenses not committed in any state (for example, offenses committed at sea), the place of trial may be determined by the Congress. Unlike other Sixth Amendment guarantees,
9504-504: The Supreme Court ruled that while a defendant's out of court statements were admissible in proving the defendant's guilt, they were inadmissible hearsay against another defendant. Hearsay may, in some circumstances, be admitted though it is not covered by one of the long-recognized exceptions. For example, prior testimony may sometimes be admitted if the witness is unavailable. However, in Crawford v. Washington , 541 U.S. 36 (2004),
9636-414: The Supreme Court ruled the right to pro se representation did not apply to appellate courts. In Indiana v. Edwards , 554 U.S. 164 (2008), the Court ruled that a criminal defendant could be simultaneously competent to stand trial, but not competent to represent himself. In Bounds v. Smith , 430 U.S. 817 (1977), the Supreme Court held that the constitutional right of "meaningful access to
9768-518: The Third, King of Great Britain ... has no authority over us, and we owe no obedience to him." Most of these declarations are now obscure, having been overshadowed by the resolution for independence, approved by Congress on July 2, and the declaration of independence, approved and printed on July 4 and signed in August. The modern scholarly consensus is that the best-known and earliest of the local declarations
9900-477: The Thirteen Colonies from April to July 1776. These "declarations" took a variety of forms. Some were formal written instructions for Congressional delegations, such as the Halifax Resolves of April 12, with which North Carolina became the first colony to explicitly authorize its delegates to vote for independence. Others were legislative acts that officially ended British rule in individual colonies, such as
10032-450: The United States, except for serious offenses (such as murder ), minors are usually tried in a juvenile court , which lessens the sentence allowed, but forfeits the right to a jury. Originally, the Supreme Court held that the Sixth Amendment right to a jury trial indicated a right to "a trial by jury as understood and applied at common law , and includes all the essential elements as they were recognized in this country and England when
10164-514: The United States, in any other state than that wherein the offense shall be committed . . . ." The proposals of Alexander Hamilton and Charles Cotesworth Pinckney were similar. The Committee of Detail and Committee of the Whole amended this language and included it within Article Three, Section Two, Clause Three . Article III provides: "The Trial of all Crimes . . . shall be held in the State where
10296-409: The accused's defense, even if the trial judge rules that defense to be misleading. In the late 20th and early 21st century this clause became an issue in the use of the silent witness rule . The Compulsory Process Clause gives any criminal defendant the right to call witnesses in his favor. If any such witness refuses to testify, that witness may be compelled to do so by the court at the request of
10428-441: The alleged offense can take place. In Sheppard v. Maxwell , 384 U.S. 333 (1966), the Supreme Court ruled that the right to a public trial is not absolute. In cases where excess publicity would serve to undermine the defendant's right to due process, limitations can be put on public access to the proceedings. According to Press-Enterprise Co. v. Superior Court , 478 U.S. 1 (1986), trials can be closed at
10560-493: The behest of the government if there is "an overriding interest based on findings that closure is essential to preserve higher values and is narrowly tailored to serve that interest". The accused may also request a closure of the trial; though, it must be demonstrated that "first, there is a substantial probability that the defendant's right to a fair trial will be prejudiced by publicity that closure would prevent, and second, reasonable alternatives to closure cannot adequately protect
10692-539: The colony where the crime is alleged to have happened) and Anti-federalist objections to the United States Constitution . The clause is one of the few constitutional criminal procedure provisions that has not been incorporated to apply to proceedings in state courts, the other being the Grand Jury Clause of the Fifth Amendment. The Clause has led to very little litigation, in part because of its overlap (as
10824-516: The community; the defendant might establish that the requirement was violated by showing that the allegedly excluded group is a "distinctive" one in the community, that the representation of such a group in venires is unreasonable and unfair in regard to the number of persons belonging to such a group, and that the under-representation is caused by a systematic exclusion in the selection process. Thus, in Taylor v. Louisiana , 419 U.S. 522 (1975),
10956-474: The courts" can be satisfied by counsel or access to legal materials. Bounds has been interpreted by several United States courts of appeals to mean a pro se defendant does not have a constitutional right to access a prison law library to research his defense when access to the courts has been provided through appointed counsel. United States Declaration of Independence The Declaration of Independence , formally titled The unanimous Declaration of
11088-481: The date when the announcement of that act was finalized. I am apt to believe that [Independence Day] will be celebrated, by succeeding Generations, as the great anniversary Festival. It ought to be commemorated, as the Day of Deliverance by solemn Acts of Devotion to God Almighty. It ought to be solemnized with Pomp and Parade, with shews, Games, Sports, Guns, Bells, Bonfires and Illuminations from one End of this Continent to
11220-410: The declarant's situation would believe likely to be used in court. In Melendez-Diaz v. Massachusetts , 557 U.S. 305 (2009), and Bullcoming v. New Mexico , 564 U.S. 647 (2011), the Court ruled that admitting a lab chemist's analysis into evidence, without having him testify, violated the Confrontation Clause. In Michigan v. Bryant , 562 U.S. 344 (2011),
11352-429: The defendant's right to a fair trial." The right to a jury has always depended on the nature of the offense with which the defendant is charged. Petty offenses—those punishable by imprisonment for no more than six months—are not covered by the jury requirement. Even where multiple petty offenses are concerned, the total time of imprisonment possibly exceeding six months, the right to a jury trial does not exist. Also, in
11484-427: The defendant's sentence beyond the maximum otherwise allowed by statutes or sentencing guidelines. In Alleyne v. United States , 570 U.S. 99 (2013), the Court expanded on Apprendi and Blakely by ruling that a defendant's right to a jury applies to any fact that would increase a defendant's sentence beyond the minimum otherwise required by statute. In United States v. Haymond , 588 U.S. ___ (2019),
11616-431: The defendant. However, in some cases the court may refuse to permit a defense witness to testify. For example, if a defense lawyer fails to notify the prosecution of the identity of a witness to gain a tactical advantage, that witness may be precluded from testifying. A criminal defendant has the right to be assisted by counsel. In Powell v. Alabama , 287 U.S. 45 (1932), the Supreme Court ruled that "in
11748-428: The delegation was split between Thomas McKean , who voted yes, and George Read , who voted no. The remaining nine delegations voted in favor of independence, which meant that the resolution had been approved by the committee of the whole. The next step was for the resolution to be voted upon by Congress itself. Edward Rutledge of South Carolina was opposed to Lee's resolution but desirous of unanimity, and he moved that
11880-487: The district need only be ascertained prior to trial. Even proponents of the former view have found no infirmity when Congress prospectively divides a judicial district but retains the former configuration for past offenses. The Third , Fifth , and Sixth Circuits have held that the Vicinage Clause was not incorporated against the states by the Fourteenth Amendment. The Supreme Court has not yet heard an appeal on
12012-402: The district. Nor does the Clause prevent the jury from being drawn solely from a judicial division, or any other subset of a judicial district (rather than the entire judicial district). The "wherein the crime shall have been committed" language of the clause is in parallel with the venue provision of Article Three—"where the said Crimes shall have been committed."—and with Rule 18 of
12144-634: The document, but Adams persuaded them to choose Jefferson and promised to consult with him personally. Jefferson largely wrote the Declaration of Independence in isolation between June 11, 1776, and June 28, 1776, from the second floor of a three-story home he was renting at 700 Market Street in Philadelphia , now called the Declaration House and within walking distance of Independence Hall . Considering Congress's busy schedule, Jefferson probably had limited time for writing over these 17 days, and he likely wrote his first draft quickly. Examination of
12276-489: The draft "lie on the table" and then methodically edited Jefferson's primary document for the next two days, shortening it by a fourth, removing unnecessary wording, and improving sentence structure. They removed Jefferson's assertion that King George III had forced slavery onto the colonies, in order to moderate the document and appease those in South Carolina and Georgia, both states which had significant involvement in
12408-584: The final weeks of June 1776. On June 14, the Connecticut Assembly instructed its delegates to propose independence and, the following day, the legislatures of New Hampshire and Delaware authorized their delegates to declare independence. In Pennsylvania, political struggles ended with the dissolution of the colonial assembly, and a new Conference of Committees under Thomas McKean authorized Pennsylvania's delegates to declare independence on June 18. The Provincial Congress of New Jersey had been governing
12540-599: The first being the 1789 Declaration of United Belgian States issued during the Brabant Revolution in the Austrian Netherlands . It also served as the primary model for numerous declarations of independence in Europe , Latin America , Africa , and Oceania following its adoption. Believe me, dear Sir: there is not in the British empire a man who more cordially loves a union with Great Britain than I do. But, by
12672-550: The forum of his home, and the tribunal of his vicinage". Sixth Amendment to the United States Constitution The Sixth Amendment ( Amendment VI ) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights . The Supreme Court has applied all but one of this amendment's protections to
12804-597: The government and the defendant can in some cases request a closed trial. The Sixth Amendment requires that criminal defendants be given notice of the nature and cause of accusations against them. The amendment's Confrontation Clause gives criminal defendants the right to confront and cross-examine witnesses, while the Compulsory Process Clause gives criminal defendants the right to call their own witnesses and, in some cases, compel witnesses to testify. The Assistance of Counsel Clause grants criminal defendants
12936-442: The government might make in favor of prosecution would be unsuccessful: that the Idaho portion of the park is not part of a state and that the judicial district could be changed after the crime. However, Kalt argues that the Vicinage Clause might permit a variety of prosecutorial strategies that would at least partially close this loophole. First, the government might be able to charge other crimes that did not occur exclusively within
13068-402: The indictment free of charge. The Confrontation Clause relates to the common law rule preventing the admission of hearsay , that is to say, testimony by one witness as to the statements and observations of another person to prove that the statement or observation was true. The rationale was that the defendant had no opportunity to challenge the credibility of and cross-examine the person making
13200-428: The instructions given to them. Regardless of their personal opinions, delegates could not vote to declare independence unless their instructions permitted such an action. Several colonies, in fact, expressly prohibited their delegates from taking any steps toward separation from Great Britain, while other delegations had instructions that were ambiguous on the issue; consequently, advocates of independence sought to have
13332-491: The matter. A lower federal appeals court in Zicarelli v. Gray (3d Cir. 1976), however, "assumed" that the vicinage right applied at the state level. In 2005, Professor Brian C. Kalt of Michigan State University College of Law put forth an argument that the Vicinage Clause, requiring jury selection from the state and district, may permit the commission of the " perfect crime " (technically, more of an "unprosecutable crime") in
13464-433: The other from this Time forward forever more. Congress next turned its attention to the committee's draft of the declaration. They made a few changes in wording during several days of debate and deleted nearly a fourth of the text. The wording of the Declaration of Independence was approved on July 4, 1776, and sent to the printer for publication. There is a distinct change in wording from this original broadside printing of
13596-487: The portion of Yellowstone National Park within the state of Idaho and that a less perfect crime could be committed in the lightly populated portion of the park contained within the borders of the state of Montana. The entire park has been placed within the jurisdiction of the Court for the District of Wyoming , but the Idaho-state portion of the park has no residents with which to form a jury. Kalt argues that two arguments
13728-476: The pro-independence cause, it was believed that the others would follow. On May 1, however, opponents of independence retained control of the Pennsylvania Assembly in a special election that had focused on the question of independence. In response, Congress passed a resolution on May 10 which had been promoted by John Adams and Richard Henry Lee , calling on colonies without a "government sufficient to
13860-401: The prosecution must present physical evidence to the jury, providing the defense ample opportunity to cross-examine its validity and meaning. Prosecution generally may not refer to evidence without first presenting it. In Hemphill v. New York , No. 20-637 , 595 U.S. ___ (2022), the Court ruled the accused had to be given an opportunity to cross-examine a witness called to rebut
13992-447: The province since January 1776; they resolved on June 15 that Royal Governor William Franklin was "an enemy to the liberties of this country" and had him arrested. On June 21, they chose new delegates to Congress and empowered them to join in a declaration of independence. As of the end of June, only two of the thirteen colonies had yet to authorize independence, Maryland and New York. Maryland's delegates previously walked out when
14124-465: The pursuit of Happiness ." Stephen Lucas called the Declaration of Independence "one of the best-known sentences in the English language." Historian Joseph Ellis has written that the document contains "the most potent and consequential words in American history". The passage came to represent a moral standard to which the United States should strive. This view was notably promoted by Lincoln, who considered
14256-516: The rebellion. A pro-American minority in Parliament warned that the government was driving the colonists toward independence. Despite this growing popular support for independence, the Second Continental Congress initially lacked the clear authority to declare it. Delegates had been elected to Congress by 13 different governments, which included extralegal conventions, ad hoc committees, and elected assemblies, and they were bound by
14388-471: The resolution countered that foreign governments would not intervene in an internal British struggle, and so a formal declaration of independence was needed before foreign aid was possible. All Congress needed to do, they insisted, was to "declare a fact which already exists". Delegates from Pennsylvania, Delaware, New Jersey, Maryland, and New York were still not yet authorized to vote for independence, however, and some of them threatened to leave Congress if
14520-402: The resolution were adopted. Congress, therefore, voted on June 10 to postpone further discussion of Lee's resolution for three weeks. Until then, Congress decided that a committee should prepare a document announcing and explaining independence in case Lee's resolution was approved when it was brought up again in July. Support for a Congressional declaration of independence was consolidated in
14652-400: The right to be assisted by counsel. In Gideon v. Wainwright (1963) and subsequent cases, the Supreme Court held that a public defender must be provided to criminal defendants unable to afford an attorney in all trials where the defendant faces the possibility of imprisonment. The Supreme Court has incorporated (protected at the state level) all Sixth Amendment protections except one: having
14784-462: The right to counsel. In Faretta v. California , 422 U.S. 806 (1975), the Supreme Court recognized a defendant's right to pro se representation. However, under Godinez v. Moran , 509 U.S. 389 (1993), a court that believes the defendant is less than fully competent to represent himself can require that defendant to be assisted by counsel. In Martinez v. Court of Appeal of California , 528 U.S. 152 (2000),
14916-611: The said Crimes shall have been committed." This provision received almost no debate in the Constitutional Convention. The omission of a vicinage right from the United States Constitution was among the objections of the Anti-federalists to the ratification of the Constitution. James Madison explained the omission of a vicinage clause in the Virginia Ratifying Convention as follows: Virginia ratified
15048-415: The same is found; the court determines the validity of these challenges for cause. Defendants may not challenge a conviction because a challenge for cause was denied incorrectly if they had the opportunity to use peremptory challenges . In Peña-Rodriguez v. Colorado (2017), the Supreme Court ruled that the Sixth Amendment requires a court in a criminal trial to investigate whether a jury's guilty verdict
15180-520: The second floor of a three-story home he was renting at 700 Market Street in Philadelphia. The Declaration was a formal explanation of why the Continental Congress voted to declare American independence from the Kingdom of Great Britain , over a year after the American Revolutionary War commenced with the Battles of Lexington and Concord , in April 1775. Two days prior to the Declaration's unanimous adoption,
15312-561: The statements. Certain exceptions to the hearsay rule have been permitted; for instance, admissions by the defendant are admissible, as are dying declarations. Nevertheless, in California v. Green , 399 U.S. 149 (1970), the Supreme Court has held that the hearsay rule is not the same as the Confrontation Clause. Hearsay is admissible under certain circumstances. For example, in Bruton v. United States , 391 U.S. 123 (1968),
15444-496: The states for ratification). The ratifying provisos of Massachusetts did not include a vicinage right; a proviso including a vicinage right was considered and rejected in Pennsylvania. James Madison 's (A-VA) original draft of the jury provision of the Sixth Amendment provided: Madison intended this language to replace Article Three, Section Two, Clause Three, rather than be appended to the Constitution. The Committee of Eleven of
15576-478: The states through the Due Process Clause of the Fourteenth Amendment . The Sixth Amendment guarantees criminal defendants nine different rights, including the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of
15708-414: The text of the early Declaration drafts reflects the influence that John Locke and Thomas Paine , author of Common Sense had on Jefferson. He then consulted the other members of the Committee of Five who offered minor changes, and then produced another copy incorporating these alterations. The committee presented this copy to the Congress on June 28, 1776. The title of the document was "A Declaration by
15840-446: The text on July 4, 1776, Congress issued the Declaration of Independence in several forms. It was published as the printed Dunlap broadside , which was widely distributed. The Declaration was first read to the public simultaneously at noon on July 8, 1776, in three exclusively designated locations: Easton, Pennsylvania ; Philadelphia; and Trenton, New Jersey . What Jefferson called his "original Rough draft", one of several revisions,
15972-455: The thirteen united States of America in both the engrossed version and the original printing, is the founding document of the United States . On July 4, 1776, it was adopted unanimously by the 56 delegates to the Second Continental Congress , who convened at Pennsylvania State House, later renamed Independence Hall , in the colonial era capital of Philadelphia . The 56 delegates who signed
16104-439: The time. Many colonists believed that Parliament no longer had sovereignty over them, but they were still loyal to King George, thinking he would intercede on their behalf. They were disabused of that notion in late 1775, when the king rejected Congress's second petition , issued a Proclamation of Rebellion , and announced before Parliament on October 26 that he was considering "friendly offers of foreign assistance" to suppress
16236-440: The uphill battle against the British for independence as a challenging but achievable and necessary objective, was published in Philadelphia . In Common Sense , Paine wrote the famed phrase: These are the times that try men's souls; the summer soldier and the sunshine patriot will, in this crisis, shrink from the service of his country; but he that stands it now, deserves the love and thanks of man and woman. Tyranny, like hell,
16368-531: The vote be postponed until the following day. On July 2, South Carolina reversed its position and voted for independence. In the Pennsylvania delegation, Dickinson and Robert Morris abstained, allowing the delegation to vote three-to-two in favor of independence. The tie in the Delaware delegation was broken by the timely arrival of Caesar Rodney , who voted for independence. The New York delegation abstained once again since they were still not authorized to vote for independence, although they were allowed to do so
16500-608: The witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. Criminal defendants have the right to a speedy trial. In Barker v. Wingo , 407 U.S. 514 (1972), the Supreme Court laid down a four-part case-by-case balancing test for determining whether the defendant's speedy trial right has been violated. The four factors are: In Strunk v. United States , 412 U.S. 434 (1973),
16632-461: The words of his biographer John Ferling . Congress tabled the draft of the declaration on Monday, July 1 and resolved itself into a committee of the whole , with Benjamin Harrison of Virginia presiding, and they resumed debate on Lee's resolution of independence. John Dickinson made one last effort to delay the decision, arguing that Congress should not declare independence without first securing
16764-482: Was amended in 1790 to say "vicinage". By contrast, four of the original thirteen state constitutions contained explicit criminal venue provisions. New Hampshire (1784) and Georgia (1777 and 1789) required crimes to be tried in the county where committed. Maryland (1776) and Massachusetts (1780) contained similar provisions. In Coleman's Appeal (1874), the Supreme Court of Pennsylvania held that "a man shall only be liable to be called on to answer for civil wrongs in
16896-399: Was based on racial bias. For a guilty verdict to be set aside based on the racial bias of a juror, the defendant must prove that the racial bias "was a significant motivating factor in the juror's vote to convict". Another factor in determining the impartiality of the jury is the nature of the panel, or venire, from which the jurors are selected. Venires must represent a fair cross-section of
17028-466: Was meant to encourage the overthrow of the governments of Pennsylvania and Maryland , which were still under proprietary governance. Congress passed the preamble on May 15 after several days of debate, but four of the middle colonies voted against it, and the Maryland delegation walked out in protest. Adams regarded his May 15 preamble effectively as an American declaration of independence, although
17160-543: Was part of a larger divergence between British and American interpretations of the British Constitution and the extent of Parliament's authority in the colonies. The orthodox British view, dating from the Glorious Revolution of 1688, was that Parliament was the supreme authority throughout the empire, and anything that Parliament did was constitutional. In the colonies, however, the idea had developed that
17292-440: Was setting the stage for an official declaration of independence even while a document was being written to explain the decision. On June 11, 1776, Congress appointed the Committee of Five to draft a declaration, including John Adams of Massachusetts, Benjamin Franklin of Pennsylvania, Thomas Jefferson of Virginia, Robert R. Livingston of New York, and Roger Sherman of Connecticut. The committee took no minutes, so there
17424-408: Was the custom, Congress appointed a committee to draft a preamble to explain the purpose of the resolution. John Adams wrote the preamble, which stated that because King George had rejected reconciliation and was hiring foreign mercenaries to use against the colonies, "it is necessary that the exercise of every kind of authority under the said crown should be totally suppressed". Adams' preamble
#867132