I have already explained to you that in all grave offenses when a person is charged with a crime, he cannot be brought before the court for trial until the grand jury has investigated the facts and until they have returned an indictment, or written charge, to the court. Until this is done, the court has no power to proceed.
But now suppose that you have been arrested, suppose that a grand jury has investigated the charge against you, has heard witnesses, and has returned an indictment. You are then brought up before the court, and the indictment is read to you. This indictment I will explain to you more fully later. When the indictment is read you are then required to say whether you are “guilty” or “not guilty”. If you have committed the crime charged, it may be advisable to plead guilty and ask for the mercy of the court in the punishment which he may impose. Courts usually temper justice with mercy. Courts will usually impose a lighter sentence when a guilty person pleads “guilty” and avoids the delay and expense of a trial. But, if you are innocent, you will plead “not guilty”, and then the government, through [pg 112] its officers, will get ready for trial. You may not be tried right away, as it usually takes some time to investigate the facts and get the witnesses into court. As I will hereafter explain, you will be entitled to an attorney when the time comes for your trial, when you will have a chance to hear the witnesses offered by the prosecution, introduce your own witnesses, and, under our present law, testify yourself, tell your own story.
If you will walk into a court some day you will see the judge and over at one side twelve chairs for the jury. When your case is called for trial the first thing will be to select the twelve men who will be the jury in your case. I am not going to give the manner of selection at this time. This will be fully explained later. I wish now to impress upon you the fact that the Constitution expressly guards your rights by providing that you shall be entitled to have your case tried, not before a judge, but by a jury composed of men from the ordinary walks of life, laborers, merchants, farmers, people of all classes; men just like your fathers are. They are called. They hold up their right hands and take an oath to try your case fairly and justly and to make a finding according to the evidence which is brought before them.
The Constitution provides:
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and the district wherein the crime shall have been committed, which district shall have been previously ascertained by law.”[66]
This is an absolute guaranty—a right which is given to you, given to each of you, to every man, woman, and child, young or old, regardless of color or creed. A trial without a jury would be a violation of your constitutional rights. Of course, there are a few minor offenses, misdemeanors, and violations [pg 113] of city ordinances, which are sometimes tried without a jury, but in all infamous crimes, for which life may be taken as punishment or for which a person may be sent to the penitentiary, every one is entitled to a trial before a jury.
Is not this a sacred right? Don't you think that it is wise to permit people to have their rights and wrongs determined by a body of plain, honest men? It removes any suggestion of the abuse of power by a person in a public position. It inspires confidence in those who are brought before the court for trial. If we cannot obtain justice before such a body of men, how can justice be obtained in this world?
I have already told you that in this country the people are not only the makers of the law but the enforcers of the law. It is in these jury trials where the people enforce the law.
Of course, the hearing before the jury is held in court. The judge presides. He directs the proceedings of the trial, sees that it is conducted in an orderly way, endeavors to prevent any falsehoods from getting before the jury, keeps away from the jury any hearsay or gossip, or expressions of prejudice, or other matters not founded on absolute knowledge and truth. But the jurors are the sole judges of what the truth is, and, when the case is closed, when the evidence has all been introduced and the attorneys have made their arguments and pleas, the members of the jury retire to a private room by themselves. There they discuss the evidence, come to some conclusion, make a finding of “guilty” or “not guilty”, and bring in their finding in the form of a verdict.
Have you also observed that the constitutional protection of your liberty not only provides for a jury trial, but also provides that it shall be a “speedy” trial. That is, one charged with a crime cannot without his consent, be locked up for weeks and months and years, as has often occurred in [pg 114] other parts of the world. He is entitled to be tried just as soon as the case can be prepared for trial, in justice to both sides. Cases are often postponed for many months, but only by consent of the accused. A case not tried at the second term of court will usually be dismissed except when the defendant consents to the delay.