DOCSLIB.ORG

The Early History of the Grand Jury and the Canon Law," 50 University of Chicago Law Review 613 (1983)

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Early History of the Grand Jury and the Canon Law, University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1983 The aE rly History of the Grand Jury and the Canon Law Richard H. Helmholz Follow this and additional works at: http://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Richard. H. Helmholz, "The Early History of the Grand Jury and the Canon Law," 50 University of Chicago Law Review 613 (1983). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. The Early History of the Grand Jury and the Canon Law R.H. Helmholzt The modern grand jury traces its origins to the Assize of Clar- endon, an enactment of King Henry IIin 1166.1 The Assize called for inquiry to be made, by the oath of *twelvemen from every hun- dred and four men from every vill, as to what persons were pub- licly suspected of robbery, murder, or theft or of receiving men guilty of those crimes. The crimes covered were expanded ten years later by the Assize of Northampton to include forgery and arson,2 and over the course of succeeding years the group grew to include almost all serious crimes. Under the procedure called for by the Assize of Clarendon, the suspected criminals were presented before royal justices, and then their guilt or innocence was deter- mined by the judgment of God, that is, by ordeal. From this method of inquiry and presentment of persons suspected of serious crimes, later expanded and adapted to changed circumstances, grew the two-stage process of indictment and trial that we recog- nize as the essence of common law criminal procedure. The Assize has naturally attracted its share of scholarly atten- tion. Its centrality in the history of criminal procedure, as well as the mists of uncertainty that surround its adoption, its intent, and even the accuracy of the text that has come down to us, have made it a subject of interest for anyone curious about the development of our law. Bishop Stubbs regarded it as "of the greatest impor- t Professor of Law, The University of Chicago. The author thanks Joseph Biancalana for commenting on an earlier draft of this article. IThe text is printed in W. STBs, SELECT CHARTERS 170-73 (H.W.C. Davis 9th ed. 1913). An English translation appears in 2 ENGLISH HISTORICAL DOCUMENTS 1042-1189, at 407-10 (D. Douglas & G. Greenaway eds. 1953); 1 SoURcEs OF ENGLISH CONSTITUTIONAL His- TORY 76-80 (C. Stephenson & F. Marcham eds. 1972). The Assize was not a statute in the modern sense, but its authenticity as a genuine act of Henry II's government has been vindi- cated, despite attacks on the authenticity of its text. See Corner, The Texts of Henry M's Assizes, in LAW-MAKING AND LAw-MAKERS IN BRITISH HISTORY 7-20 (A. Harding ed. 1980); Holt, The Assizes of Henry II: the Texts, in THE STUDY OF MEDIEVAL RECORDS 85-106 (D. Bullough & R. Storey eds. 1971). The attack on the authenticity of the Assize was made by H. RICHARDSON & G. SAYLES, THE GOVERNANCE OF MEDIEVAL ENGLAND 438-44 (1963). 1 2 ENGLISH HISTORICAL DocuMzNTs 1042-1189, supra note 1, at 411-13; W. STUBBS, supra note 1, at 179. The University of Chicago Law Review [50:613 tance in English legal history." F.W. Maitland treated it as the foundation of the movement away from the old system of private criminal appeals towards a centralized and more public system of criminal prosecution.4 The origins of presentment procedure and the sources of the Assize of Clarendon have been the objects of particular scrutiny. 5 One school of thought has regarded the presentment procedure as essentially the product of innovation. This was, for instance, Maitland's view,' and it continues to have its adherents. What is probably the dominant opinion today, however, plays down the el- ements of innovation in the Assize. This view was most clearly and persuasively presented by Miss Naomi Hurnard in a 1941 article in the English Historical Review.7 She found precedent for the As- size's procedure in prior usages of English local courts and noted that English kings used inquests of sworn men to answer questions of importance to the crown long before 1166.8 She was willing, moreover, to connect the Assize directly with a late tenth-century precedent, the twelve thegns of the Wantage Code, who seem to have acted as something like a presenting jury.9 There was, in her view, continuity with Anglo-Saxon institutions. Although she was prepared to grant some significance to the Assize of Claren- don 1 0-it did formalize and strengthen the procedure-Miss Hurnard saw the presentment procedure established at Clarendon as growing from immemorial English custom that had its roots, and even its existence, in the laws of Ethelred and the Anglo- Saxon past. 3 W. STUBBS, supra note 1, at 167. 4 1 F. POLLOCK & F.W. MAITLAND, THE HISTORY OF ENGLISH LAW 137 (1898). ' The early opinions are conveniently summarized in Turner, The Origins of the Medi- eval English Jury: Frankish,English, or Scandinavian?, J. BRIT. STUD., May 1968, at 1. ' Maitland, Introduction to SELECT PLEAS IN MANORIAL AND OTHER SEIGNORIAL COURTS at xxxi-xxxvi (F.W. Maitland ed. 1889) (2 Selden Soc'y). Hurnard, The Jury of Presentment and the Assize of Clarendon,56 ENG. HIST. REV. 374 (1941). This article is the basis, for example, of the account given by the most recent biographer of Henry II: W. WARREN, HENRY II 354 (1973). Other examples include J. JoL- LIFFE, THE CONSTITUTIONAL HISTORY OF MEDIEVAL ENGLAND 208-09 (4th ed. 1961); A. POOLE, FROM DOMESDAY BOOK TO MAGNA CARTA 397-98 (2d ed. 1955); and G. SAYLES, THE MEDIEVAL FOUNDATIONS OF ENGLAND 333-36 (2d ed. 1950). 8 Hurnard, supra note 7, at 380-96. The most important collection of evidence on this point is R. VAN CAENEGEM, ROYAL WRITS IN ENGLAND FROM THE CONQUEST TO GLANVILL (1959) (77 Selden Soc'y). 9 Hurnard, supra note 7, at 376-78, 407-08. The text of the Wantage Code is printed, with facing page English translation, in THE LAWS OF THE KINGS OF ENGLAND FROM EDMUND TO HENRY I, at 64-67 (A. Robertson trans. & ed. 1925). 10 Hurnard, supra note 7, at 396-99. 1983] Grand Jury and the Canon Law Miss Hurnard's views, however, have not gone unchallenged."1 Many legal historians have objected that her argument cannot re- present a complete understanding of the Assize. There is, for ex- ample, a decided lack of positive intervening evidence of the exis- tence of presentment juries between the Wantage Code and 1166. It is strange that so significant an institution should have left so few traces. It is also noteworthy that contemporaries spoke of the Assize as an enactment.1 2 The Assize reflects thought about the best way of dealing with criminals, not simple continuation of past practice. Moreover, certain elements of the Assize separate it from legal usages of early twelfth-century England. For instance, the preeminent place of public suspicion in the presentment process was new. Miss Hurnard herself acknowledged this. s Perhaps most significantly, the two-stage nature of presentment and trial was a more substantial change from prior usage of juries than her argu- ment allowed. The inquests initiated by the King during the years immediately before 1166 were used to settle questions of fact. The sworn men were asked to tell the King something he wanted to know: Who has concealed a killing for which a murder fine is due? Who has hidden a treasure owed to the King? The answers to these questions established a fact, on the basis of which the King or his ministers could act.1 4 The same was true in the local courts; the presentments of sworn men established a fact. Presentments were, in the legal parlance of a later day, not traversable.1 5 The answers to the questions put to jurors under the Assize of Claren- don, on the contrary, initiated further legal proceedings. Accord- ingly, Miss Hurnard's explanation presents evident difficulties. Recently, Professor Raoul Van Caenegem, one of the critics of Miss Hurnard's argument, has turned his attention to the question and in a subtle and cogently argued article has contended that the Assize is best understood as Henry II's deliberate choice of many elements of existing legal institutions, joined in a "new and effi- 1 See, e.g., the doubts expressed about the Hurnard account in R. VAN CARNEGEM, THE BIRTH OF THE ENGLISH COMMON LAW 79-80 (1973), and in Chrimes, IntroductoryEssay, in 1 W. HOLDSWORTH, A HISTORY OF ENGLISH LAW 49-50 (7th ed. 1956). " CHRONICA MAGISTmI ROGERI DE HOVEDEN, reprinted in 51:2 RERUM BRITANNICARUM MEDI AEVI SCRIrtORES (Roll Series) 248 (W. Stubbs ed. 1869 & photo. reprint 1964); RICH- ARD FrrzNzAL, DIALOGUS DR SCACCARIO 101 (C. Johnson trans. & ed. 1950). '3 See Hurnard, supra note 7, at 408. 14 See R. VAN CARNEGEM, supra note 8, at 284 (contrasting the Assize procedure with an earlier criminal inquest in which "the statement of the jurors was at the same time in- dictment and conviction"). 25 See Maitland, supra note 6, at xxviii. The University of Chicago Law Review [50:613 cient" way as to amount to an innovation.16 He argues, moreover, that ecclesiastical practices particularly the use of "synodal wit- nesses" to make communal accusations, was one of the important preexisting elements.
Load more

Recommended publications
  • Speedy Trial
    Journal of Criminal Law and Criminology Volume 68 Article 7 Issue 4 December Winter 1977 Speedy Trial Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Speedy Trial, 68 J. Crim. L. & Criminology 543 (1977) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 68, No. 4 Copyright @ 1977 by Northwestern University School of Law Printed in U.S.A. SPEEDY TRIAL United States v. Lovasco, 97 S. Ct. 2044 (1977). The Supreme Court of the United States has v. Marion,7 the Supreme Court focused on the recognized that the right to a speedy trial "is language of the sixth amendment8 and con- one of the most basic rights preserved by our cluded that the sixth amendment speedy trial Constitution."' The right, as encompassed by provision does not apply until an individual the sixth amendment to the United States Con- becomes an accused, that is either through stitution,2 can be traced to the Magna Carta of arrest or indictment. The Court also stated 1215,3 which states, "we will sell to no man, we that Rule 48(b) of the Federal Rules of Criminal will not deny or defer to any man either justice Procedure9 is limited in application to post- or right.
    [Show full text]
  • Constitutions of Clarendon, Clause 3, and Henry Ii's Reforms of Law And
    CONSTITUTIONS OF CLARENDON, CLAUSE 3, AND HENRY II’s REFORMS OF LAW AND ADMINISTRATION John Hudson The conflict between Henry II and Archbishop Thomas Becket over crim- inal clerks inspired comment from many writers at the time and from numerous historians since. Many have been interested in the relative strength of the parties’ arguments, their basis in Canon Law and in earlier practice.1 My purpose is more modest: I assess the relationship between clause 3 of the 1164 Constitutions of Clarendon, often referred to as the provision concerning criminal clerks, and the practices and reform of the administration of justice in the 1160s. I argue that a key purpose of the provision was to bring at least important cases of clerical crime not just to lay courts but specifically to the king’s court, and suggest that the measure placed particular reliance on the king’s chief justiciars. I will take particular care to distinguish the limited amount of strictly contemporary evidence from the larger amount produced after 1170, par- ticularly the Lives of the now martyred archbishop. The latter do not record 1 The starting point here must be Frederic William Maitland, Roman Canon Law in the Church of England (London, 1898), chapter 4 (‘Henry II and the criminous clerks’), who argued for the strength of the king’s position in terms of Canon Law. For a good recent summary of the issues, see Anne Duggan, Thomas Becket (London, 2004), pp. 48–58, who concludes (p. 55) that ‘Becket and the bishops were in line with current thinking about clerical immunity’ and (p.
    [Show full text]
  • Anglo-Saxon Constitutional History
    English Legal History--Outline Mon., 4 Oct. Page 1 I. WHERE WE’VE BEEN 1. The Conquest did not result in cataclysmic change 2. The evidence of the Pipe Roll of 31 H. I suggests that the main institutional features of Henry II’s reign were already in place in the time of Henry I. 3. The conflict between regnum and sacerdotium in 11th and 12th century England is best seen in the light of an overall European reform movement 4. We have more recently been focusing on what Henry II did and how what he did was used in the plea rolls that follow immediately after his reign. II. POSSIBLE MOTIVATIONS FOR THE CHANGES OF HENRY II 1. Keeping the peace 2. Making money 3. Introducing Roman law 4. Destroying lords’ courts 5. Making the system work in its own terms III. OUTLINE OF EVENTS OF THE REIGN OF HENRY II 1154—Treaty of Winchester (1153), Henry becomes king 1155–57—Pacification, repelling threats from Scotland & Wales 1164—Constitutions of Clarendon 1170—Martyrdom of Becket 1172—Compromise of Avranches 1173–74—Rebellion of Henry’s sons 1189—Death of Henry IV. ADMINISTRATIVE CHANGES DURING THE REIGN OF HENRY II 1. Restoration of a system that had fallen down under Stephen-beginning with the Pipe Roll of 2 Henry II. 2. Regularization on the civil side of the writs. What had been of grace became of course and this means you don’t have to pay as much for it. Evidence of this for the writ of right in mid-reign.
    [Show full text]
  • The Evolution of Compurgation and Jury Nullification Notes
    University of Connecticut OpenCommons@UConn Connecticut Law Review School of Law 2016 Juror Purgators: The Evolution of Compurgation and Jury Nullification Notes Josh Perldeiner Follow this and additional works at: https://opencommons.uconn.edu/law_review Recommended Citation Perldeiner, Josh, "Juror Purgators: The Evolution of Compurgation and Jury Nullification Notes" (2016). Connecticut Law Review. 341. https://opencommons.uconn.edu/law_review/341 CONNECTICUT LAW REVIEW VOLUME 48 JULY 2016 NUMBER 5 Note Juror Purgators: The Evolution of Compurgation and Jury Nullification JOSH PERLDEINER The ancient and medieval custom of compurgation, the clearing of one’s name by producing oath-helpers, has a long and colored past in Anglo-American law. Also known as the Wager of Law after the late-11th century and the Norman Conquest, this process made considerable concession to the knowledge and power of local communities; oath-helpers were generally peers, and were considered to know intimate details concerning the case for which they were called. This Note will show that, once compurgation had substantially vanished (whether before or after the Assize of Clarendon), the importance of locality did not simply cease, but rather carried on, taken up through the formal inquest procedure in England. From there, it made its way into the jury trial, which we may trace, insofar as English law is concerned, to the Assize of Clarendon, though it has its beginnings long before that in general European jurisprudence. The final instantiation of this transformative process from compurgation is the power of a jury to nullify. Though juries may no longer be composed of locals expected to know the law, they are still expected to embody some element of local custom.
    [Show full text]
  • On the Influence of Magna Carta and Other Cultural Relics
    International Review of Law and Economics 47 (2016) 3–9 Contents lists available at ScienceDirect International Review of Law and Economics On the influence of Magna Carta and other cultural relics a b,∗ c Zachary Elkins , Tom Ginsburg , James Melton a Department of Government, University of Texas, Austin TX 78712, United States b University of Chicago Law School, 1111 E 60th St., Chicago IL 60637, United States c 622 Rita Court, Prophetstown IL 61277, United States a r t i c l e i n f o a b s t r a c t Article history: Magna Carta’s status as a touchstone of modern thinking about the rule of law rests on several well- Received 16 December 2015 known myths. This article evaluates the influence of Magna Carta on modern constitutions, both in terms Accepted 24 May 2016 of formation as well as content. The analysis confirms that Magna Carta’s relevance is, if anything, on Available online 27 May 2016 the rise, even if the causal chains linking it to current developments are weak-linked and distant. We speculate on the mysterious processes that produce influence among legal texts, arguing that champions JEL classification: and empire are crucial factors in the case of Magna Carta. K00 © 2016 Elsevier Inc. All rights reserved. K1 K4 Keywords: Magna Carta Rule of law Constitutions 1. Introduction constitutions today, a quantity that says something about Magna Carta’s indirect influence on contemporary constitutions. As a Magna Carta has become synonymous in the English-speaking shorthand for the broader traditions of English liberty, the docu- world and beyond with fundamental rights, the rule of law, and ment surely marks an important touchstone.
    [Show full text]
  • Oxford Scholarship Online
    Procedure in Land Cases University Press Scholarship Online Oxford Scholarship Online The Oxford History of the Laws of England: 871-1216 John Hudson Print publication date: 2012 Print ISBN-13: 9780198260301 Published to Oxford Scholarship Online: September 2012 DOI: 10.1093/acprof:oso/9780198260301.001.0001 Procedure in Land Cases John Hudson DOI:10.1093/acprof:oso/9780198260301.003.0023 Abstract and Keywords Matters of procedure dominate the first great treatise of the common law, the Tractatus de legibus et consuetudinibus regni Anglie, commonly known as Glanvill. When taken together with the early royal plea rolls, Glanvill allows a much fuller account than is possible for earlier periods; therefore this chapter concentrates on the situation in the period from Glanvill to Magna Carta, whilst noting some earlier developments. To set the scene, it examines a famous early case that, if not typical, is illustrative of the concerns that confronted litigants and justices at the time of the Angevin reforms. Keywords: legal procedures, common law, Angevin reforms Matters of procedure dominate the first great treatise of the common law, the Tractatus de legibus et consuetudinibus regni Anglie, commonly known as Glanvill. When taken together with the early royal plea rolls, Glanvill allows a much fuller account than is possible for earlier periods; therefore this and subsequent chapters do not seek to Page 1 of 56 PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2014. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).
    [Show full text]
  • The Jury and the English Law of Homicide, 1200-1600
    University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 1-1976 The Jury and the English Law of Homicide, 1200-1600 Thomas A. Green University of Michigan Law School, [email protected] Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Common Law Commons, Criminal Law Commons, and the Legal History Commons Recommended Citation Green, Thomas A. "The Jury and the English Law of Homicide, 1200-1600." Mich. L. Rev. 74 (1976): 413-99. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. THE JURY AND THE ENGLISH LAW OF HOMICIDE, 1200-1600 Thomas A. Green TABLE OF CONTENTS I. INTRODUCTION: THE HISTORICAL BACKGROUND ___- 415 II. THE TRIAL JURY AND THE LAw OF NONFELONIOUS HoMI- CIDE IN THE FOURTEENTH CENTURY 427 A. Homicide in Self-Defense 428 B. Justifiable Homicide 436 C. Accidental Homicide 444 D. Jury Behavior and the Judicial Response 452 111. THE STATUTE OF 1390: AN ANALYSIS OF THE INITIA- TIVE FOR CHANGE IN THE LAW OF FELONIOUS HOMICiDE 457 A. The Pardon Statutes 457 B. The Statute of 1390 and the Jury 469 IV. THE TUDOR TRANSFORMATION IN THE LAW OF HomicIDE 472 A. The Murder-ManslaughterDistinction 473 B. Instruments of Change in the Law of Homicide ---- 487 V. CONCLUSION 497 HeinOnline -- 74 Mich.
    [Show full text]
  • King Henry II and His Legal Reforms Michael Nicholas
    The Histories Volume 6 | Issue 2 Article 5 King Henry II and his Legal Reforms Michael Nicholas Follow this and additional works at: https://digitalcommons.lasalle.edu/the_histories Part of the History Commons Recommended Citation Nicholas, Michael () "King Henry II and his Legal Reforms," The Histories: Vol. 6 : Iss. 2 , Article 5. Available at: https://digitalcommons.lasalle.edu/the_histories/vol6/iss2/5 This Paper is brought to you for free and open access by the Scholarship at La Salle University Digital Commons. It has been accepted for inclusion in The iH stories by an authorized editor of La Salle University Digital Commons. For more information, please contact [email protected]. The Histories, Volume 6, Number 2 12 II King Henry II and his Legal Reforms By Michael Nicholas ‘07 The legal reforms implemented under Henry II produced a body of law and custom that formed the basis of the English Common Law. Institutions seen as the foundation for legal administration and procedural due process owe their existence to these assizes and ordinances instituted during the twelfth century. Despite their significance, however, their origins were neither intended to revolutionize the administration of royal justice throughout England nor were these reforms issued in deliberate or comprehensive fashion. Rather, they were instituted in different decrees, each one addressing a particular administrative need. Thus while Henry II’s greatest legacy is the establishment of the English Common Law, his intent was simply that of every ruler, to consolidate seigniorial power and increase efficiency in royal administration. Henry’s choice of vehicle for this task was reformation of the legal process, and what emerged due to his efforts were significant changes in the body of civil, criminal and ecclesiastical law.
    [Show full text]
  • Eidos Fecha De Recepción: Abril 12 De 2011 ISSN 1692-8857 Fecha De Aceptación: Mayo 24 De 2011 Issne 2011-7477
    eidos Fecha de recepción: abril 12 de 2011 ISSN 1692-8857 Fecha de aceptación: mayo 24 de 2011 ISSNe 2011-7477 ON THE GENESIS AND NATURE OF JUDICIAL POWER Murray S. Y. Bessette Morehead State University, Political Science [email protected] RESUMEN La naturaleza esencial del poder legislativo es hacer las leyes, la del poder ejecutivo es ejecutar las leyes. La diferencia entre los dos es a la vez sustancial y significativa; es la diferencia entre el imperio de la arbitrariedad y e imperio de la ley. Este artículo busca trazar la génesis de un poder judicial independiente, tanto en la teoría y la práctica a través de un examen de las secciones de las Constituciones de Clarendon, el tribunal judicial de Clarendon, el Leviatán de Hobbes, el Segundo Tratado de Locke, el Espíritu de las Leyes de Mon- tesquieu así como The Federalist Papers. Además, se tratará de establecer el carácter ejecutivo del poder legislativo y de explicar por qué es malentendido a menudo este poder. PALABRAS CLAVE Poder judicial, Locke, Hobbes, Montesquieu, Clarendon, poder legislativo, ley. ABSTRACT The essential nature of legislative power is to make the laws; that of ex- ecutive power is to execute those law. The difference between the two is both substantial and significant; it is the difference between the rule of arbitrary power and the rule of law. This paper will seek to trace the genesis of an independent judicial power, in both theory and practice, through an examination of sections of The Constitutions of Clarendon, The Assize of Clarendon, Hobbes’ Leviathan, Locke’s Second Treatise, Montesquieu’s Spirit of the Laws, as well as The Federalist Papers.
    [Show full text]
  • Grand Jury Proceedings in the State of New York Prepared By: Law Related Education Committee Hon
    Grand Jury Proceedings in the State of New York Prepared by: Law Related Education Committee Hon. Richard Lee Price, Chair What is a Grand Jury? 1. A grand jury is a group of regular citizens who decide whether or not there is enough evidence to put a defendant on trial for a crime. The reason for it is that in the past, governments could harass their enemies by putting them on trial for crimes even if they were completely innocent. It dates back to the Assize of Clarendon (1166) when King Henry II changed English law to include grand juries. 2. Our Federal Constitution requires that one may not be put on trial without “probable cause” (good reason) to believe he or she could be guilty. New York and the federal courts use the grand jury. If the grand jury finds sufficient evidence for probable cause, it gives a written statement of the charges against the defendant. 3. A “petit jury”, by comparison, listens to evidence offered during a trial and returns a verdict of guilt or innocence. It dates back to the reign of King Henry III (1216-1272). What laws authorize Grand Juries? 4. Under the Fifth Amendment of the U.S. Constitution, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger”. 5. While the Fifth Amendment guarantee of prosecution by grand jury indictment is a due process requirement that binds the states under the Fourteenth Amendment, States are free to use a preliminary hearing instead where a judge determines whether probable cause exists or not.
    [Show full text]
  • Criminal Procedure and Civil Rights G
    Journal of Criminal Law and Criminology Volume 50 Article 13 Issue 1 May-June Summer 1959 Criminal Procedure and Civil Rights G. Douglas Gourley Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation G. Douglas Gourley, Criminal Procedure and Civil Rights, 50 J. Crim. L. & Criminology 71 (1959-1960) This Criminology is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. POLICE SCIENCE CRIMINAL PROCEDURE AND CIVIL RIGHTS G. DOUGLAS GOURLEY The author is head of the Department of Police Science and Administration at Los Angeles State College, Los Angeles. Mr. Gourley retired in January 1957 as an Inspector in the Los Angeles Police Department after 20 years of service. Included in his assignments in the Los Angeles Department was that of Commander of the Training Division, and in addition he has served as an Instructor of Police Science Administration at the University of Southern California before assuming his present duties at Los Angeles State College. Mr. Gourley is author of Public Relations and the Police (Charles C Thomas Publisher) and has published a number of professional articles including several in this Joumal.-EDITOR. Many a law enforcement officer has complained, Even before that far off date, when man first either vocally or to himself, that often it appears started to regulate his brother's conduct, he has that the present rules of criminal procedure were been concerned with machinery for the administra- designed for the protection of the guilty, rather tion of justice.
    [Show full text]
  • Legal Status of Tha Police -'------~------~
    If you have issues viewing or accessing this file contact us at NCJRS.gov. ------~----------~----------------------------------------- . = legal status of thA police -'--------~--------~- '-'''''=- ,,' '-'''':::::'=~''7''"--,-~==,-"""""="""",=-=:;",,,,~=__ ,,_,~=,",_,;;::::,,':.'::':'l-'~ I,f ... ,\" ':'<t' ~ '. l -,~ . ':l-,--,or'.1 _. '! ,~ LEGAL STAT'US t~ '. OF THE POLICE Criminal Law Series A Study Paper prepared for the It~ ,~ I, I l , Law Reform Commission of Canada I I ! 1 I, ,\ J by ~ t Philip C. Stenning July 1981 U.S. Department ofJustice 88899 National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Instilute of Justice. ' Permission to reproduce this copyrighted material has been granted by Law Reform Commission of canada to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis­ sion of the copyright owner. ,. ,.~ -.--------.. ~~,~- .--,. Table of Contents 1 . ~ :- ! /. < ' i ,. APR lR 1983 \ ,i ;' ACf"'loUI ACKNOWLEDGMENTS , ..... j' ••••.•••~ •• , S 9·T·~·O N S· .. ;.i .... , INTRODUCTION ................................................ 3 ,'-;: CHAPTER ONE: ENGLISH ORIGINS OF THE OFFICE : .1.:.\ OF CONSTABLE ............................... 7 A. "Police", "Constables" and "Peace Officers" .................... 8 B. Pre-Norman Systems of "Police" in England ................... 13 C. "Constables" and "Justices of the Peace" ...................... 18 D. The Dual Nature of the Office ................................ 28 CHAPTER TWO: POLICE IN EARLY CANADA .... : ........... 35 A. Early Federal and Provincial Police Forces ................... 40 B. Nineteenth-Century Municipal Policing ....................... ; 49 CHAPTER THREE: THE CURRENT LEGAL STATUS f OF THE POLICE IN CANADA ............. 57 A.
    [Show full text]