Interdict

“ Interdicts of more limited local extent were quite frequent. The use of the interdict as punishment for trifling infractions of church law was a subject of complaint at the diets of Worms (1521) and Nürnberg (1524) . ”

“ Is it natural to suppose, that a command to do one thing is a prohibition to the doing of another, which there was a previous power to do, and which is not incompatible with the thing commanded to be done? If such a supposition would be unnatural and unreasonable, it cannot be rational to maintain, that an injunction of the trial by jury in certain cases, is an interdiction of it in others. ”

“ We have next to treat of interdicts or of the actions by which they have been superseded. Interdicts were formulae by which the praetor either ordered or forbad some thing to be done, and occurred most frequently in case of litigation about possession or quasi-possession. ”

“ The wretch stained with crime—polluted with iniquity—for which, perhaps, the statute-book contains neither name nor indictment—whose trembling lips are eager to avow that guilt which, by confessing, he hopes may alleviate the penalty—this man, I say, is checked in his intentions—he is warned not, by any chance expression, to hazard a conviction of his crime, and told in the language of the law not to criminate himself. ”

“ Why, there on the Plaza you spoke in their their defense!"
"No, sir! No, sir! I did not! With the last breath that is in my body, sir, I will defend any man's right to trial trial by jury. I will defend any man's right to all the safeguards prescribed by law—but seek to have have guilty men acquitted, no! ”

“ It is elementary that an indictment, in order to be good under the Federal Constitution and laws, shall advise the accused of the nature and cause of the accusation against him, in order that he may meet the accusation and prepare for his trial, and that, after judgment, he may be able to plead the record and judgment in bar of further prosecution for the same offense. ”

“ He, who obstinately refuses to answer the interrogatories, deserves a punishment, which should be fixed by the laws, and that of the severest kind; that criminals should not, by their silence, evade the example which they owe the public. But this punishment is not necessary when the guilt of the criminal is indisputable, because in that case interrogation is useless, as is likewise his confession, when there are, without it, proofs sufficient. ”

“ Manly; I have been prosecuted with a cruelty scarcely to be paralleled. A person avowedly criminal in the same indictment with myself has been brought forth as a capital witness against me; a fact, I believe, totally unexampled. My lords, oppressed as I am with infamy, loaded as I am with distress, sunk under this cruel prosecution, your lordships and the gentlemen of the jury cannot think life a matter of any value to me. ”

“ BROWN. You are not here for worshipping God, but for breaking the Law; you do yourselves a great deal of Wrong in going on in that Discourse.
PEN. I affirm I have broken no Law, nor am I guilty of the Indictment that is laid to my Charge; and to the End the Bench, the Jury, and my self, with these that hear us, may have a more direct Understanding of this Procedure, I desire you would let me know by what Law it is you prosecute me, and upon what Law you ground my Indictment. ”

“ In the United States prosecution or indictment by a grand jury is the rule: the form of indictment is the same, substituting the state or commonwealth of the United States for references to the king, and the conclusions “against the form of the statute” and “against the peace” are still in use. ”

“ When the indictment is found, or the information is filed, a warrant is issued for the arrest of the accused, to be brought before the court, unless he is at the time in custody, in which case an order for that purpose is made, to the end, in either case, that he may be arraigned, and plead to the indictment or information. ”

“ Even if the paraphernalia of justice,—the judge, and the jury, and the lawyers, could be induced to declare her innocent before all men, must she not confess her guilt to him,—to that one,—for whose verdict alone she cared? ”

“ 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. ”

“ The words of the existing statute are too plain to be misunderstood. The defendant, if indicted for treason, is to have delivered to him, three days before the trial, 'a copy of the indictment, and a list of the jury, and of the witnesses to be produced on the trial for proving the indictment;' and, if indicted for any other capital offense, is to have 'such copy of the indictment and list of the jurors and witnesses' two days before the trial. ”

“ It is true that the police have to interrogate to arrest; it is not true that they may arrest to interrogate. [7] I would hold that any confession obtained by the police while the defendant is under detention is inadmissible, unless there is prompt arraignment and unless the accused is informed of his right to silence and accorded an opportunity to consult counsel. ”

“ The lord high steward then informed the prisoner that he had been indicted of murder by the Grand Jury for the county of Middlesex, on which indictment he would now be tried; and proceeded—
Your lordship is called to answer this charge before the whole body of the house of peers as assembled in parliament. It is a great misfortune to be accused of so heinous an offence, and it is an addition to that misfortune, to be brought to answer as a criminal before such an assembly, in defence of your estate, your life, and honour. ”

“ While passing over the costs and risks of its experiment, the Court portrays the evils of normal police questioning in terms which I think are exaggerated. Albeit stringently confined by the due process standards, interrogation is no doubt often inconvenient and unpleasant for the suspect. However, it is no less so for a man to be arrested and jailed, to have his house searched, or to stand trial in court, yet all this may properly happen to the most innocent, given probable cause, a warrant, or an indictment. ”

“ A justice might issue a warrant for the arrest, conduct the search himself, effect the capture, examine the accused with and without witnesses, extract a confession by alternately cajoling him as a friend and bullying him as a magistrate, commit him, and finally give damning evidence against him at his trial. ”

“ In cases where the indictment itself charges possession, the defendant in a very real sense is revealed as a 'person aggrieved by an unlawful search and seizure' upon a motion to suppress evidence prior to trial. ”

“ Gentlemen of the jury—It is now your solemn duty, after considering the evidence and hearing the instructions I have given you, to decide whether the prisoners are guilty or guiltless of the charges laid against them. The charge is the worst that can possibly be laid against any human being, for it is that of violently and maliciously depriving another human being of that, which is dearer than all else to him, his life. ”

“ The leader of these two gentlemen perhaps tries to pick a hole in the indictment, which has for several years past been not very serviceable to prisoners, because if the hole is but a small one, and unless the bench can be satisfied that the indictment, as it stands, describes a different offence to that which a prisoner has been arrested upon, or has come prepared to meet, it is amended in court so as to cure the defect which Mr. Noxious Sound’s not miraculous penetration has discovered. ”

“ This is the point from which we start; each indictment is now a bill of pains and penalties, a special law naming the criminal and prescribing his punishment. A second step is accomplished, when the multiplicity of crimes compels the legislature to delegate its powers to particular Quæstiones or Commissions, each of which is deputed to investigate a particular accusation, and if it be proved, to punish the particular offender. ”

“ Then: "Mister Foreman and gentlemen of the jury," declaimed Caput in flutelike tones: "The defendant is indicted for the crime of bigamy, an offense alike repugnant to religion, civilization and to the law." ”

“ I have the honour to attend your lordships on this occasion as attorney-general for her majesty, to lay before you the circumstances of the case upon which you will be called to pronounce judgment, without any object or wish on my part, except that I may humbly assist your lordships in coming to a right conclusion upon it, according to its merits. An indictment has{610} been found against a peer of the realm by a grand jury of his country, charging him with a felony, the punishment of which is transportation or imprisonment. ”

“ A young officer being indicted for an assault on an aged gentleman, Mr. Erskine began to open the case thus: "This is an indictment against a soldier for assaulting an old man." "Sir," indignantly interrupted the defendant, "I am no soldier, I am an officer!" "I beg your pardon," said Mr. Erskine; "then, gentlemen of the jury, this is an indictment against an officer, who is no soldier, for assaulting an old man." ”

“ A boy of thirteen is tried, say for picking the pocket of some subject of her Majesty, and the offence is about as clearly proved as an offence can be. He is called upon for his defence, and contents himself with a little declamation about the jurymen and his country—asserts that all the witnesses have committed perjury, and hints that the police force generally have entered into a conspiracy ‘again’ him. ”

“ If the jury is contumacious, if, whilst they confess their entire conviction of the truth of the fact charged in the indictment, they deny the legal doctrine and acquit the prisoner, the Court is without redress. They may bully and look big—there is no help. ”

“ Allow me to read. ‘The exercise of discretion with respect to taking of bail for the appearance of an accused person, where such discretion exists—namely, in all crimes except treason, being accessory after the fact to treason’——”
“Yes,” interrupted the Pilot, “that’s the Law, an’ very good it is, very good to them as understands it; but what Sartoris, my dar’ter, and me want is for you to let this young feller out of gaol till the trial, an’ we’ll be responsible.” ”

“ In England, I believe, the usual course is to proceed in the regular way by indictment. I mention this fact and the later statute only for their bearing upon the meaning of the exception in our law. When it is considered how contrary it is to our practice and ways of thinking for the same person to be accuser and sole judge in a matter which if he be sensitive, may involve strong personal feeling, I should expect the power to be limited by the necessities of the case 'to insure order and decorum in their presence' as it is stated in Ex parte Robinson, 19 Wall. ”

“ This further I would have you know, that if a transgressor, without waiting to be accused, goes of his own accord before a magistrate, accusing himself and seeking to make amends, that one is liberated from the punishment of a secret crime, and since he has not been accused of such a crime, his punishment is changed into another. They take special care that no one should invent slander, and if this should happen they meet the offence with the punishment of retaliation. ”

“ If it contain that law ye say I have broken, why should you decline to produce that law, since it will be impossible for the jury to determine, or agree to bring in the verdict, who have not the law produced, by which they should measure the truth of this indictment, and the guilt or contrary of my fact.’ The recorder being angry, said, ‘You are a saucy fellow, speak to the indictment.’ W. Penn replied, ‘I say, it is my place to speak to matter of law; I am arraigned a prisoner, my liberty, which is next to life itself, is now concerned,’ &c. ”

“ An extradited defendant is not put on trial upon any writ which is issued for the purposes of extradition, any more than he is upon the warrant which is issued by the justice of the peace directing his arrest. ”

“ His friends complained to him and said: 'You had better give up your theory.' 'Can't give it up,' said the doctor. 'Don't care how many die; I have written a book and have a theory, and must sustain it.' So with the indictment of the State's Attorney. 'I have written an indictment; it is my theory and has got to be sustained, right or wrong, in spite of the law and evidence, and you give me a jury which is excited and I will get some one to swear to something, and that will be enough. My theory must be sustained.' Are you gentleman ready to violate your oaths by sustaining it? ”

“ Your oath requires you to decide the question of the guilt or innocence of the prisoners according to law and evidence.
"The indictment charges them with Conspiracy. But, gentlemen, I will not detain you farther, except to cite authorities respecting the nature of this crime, the laws and penalties pertaining thereunto, and also to remark on the confidence to be placed in the confession of a dying man, which will soon be submitted to you." ”

“ The examples which have been made in the case of the most guilty will be sufficient to warn others of the consequences to which they render themselves liable by such crimes, and this object having been accomplished, no further advantage could be gained by indict the extreme penalty of the law on any of their associates. ”