Jurisdiction and Due Process

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Jurisdiction

  1. HTML Version Text Version Jurisdiction over Federal Areas within the States — Report of the Interdepartmental Committee for the Study of Jurisdiction over Federal Areas within the States, 1956. Also available as text files within a self-extracting executable.

    The following are large, may break them out later.
    • PDF version PDF version, except last chapter — 8.7MB.
    • PDF version PDF version, last chapter — 849KB.
  2. HTML Version Text Version Federal Jurisdiction — Brief by attorney Larry Becraft.
  3. HTML Version Conflict of Criminal Laws, Edward S. Stimson (1936) — Jurisdiction for a criminal offense is limited to the territory where the offender is when the offense is committed, not where the effects occur.
  4. HTML Version Text Version Jurisdiction Boundary Marking Act — Proposed legislation to mark boundaries between federal and state jurisdictions.
  5. HTML Version Text Version A Dissertation on the Nature and Extent of the Jurisdiction of the Courts of the United States, Peter Stephen Du Ponceau (1824) — Discusses the various kinds of jurisdiction, in locum, in personam, and in subjectam materiam, and the limits of the jurisdictions of each kind of court.

The Jury System

Jury Reform — Problems common to grand and trial juries everywhere.

  • U.S. Grand Jury Reform — This local branch of subpages focuses on approaches to reform of the Grand Jury system in the United States.
  • U.S. Trial Jury Reform — This local branch of subpages focuses on approaches to reform of the Trial Jury system in the United States.
  • HTML Version Text Version  If you are called for jury duty in a criminal trial ...
  • HTML Version or Menu Text Version The Jury and Consensus Government in Mid-Eighteenth-Century America, William E. Nelson — What the Founders understood the role of the jury to be.
  • HTML Version Text Version Brief on jurisdiction. Contains some errors — New version pending.
  • A Lehman, Godfrey D., We the Jury : The Impact of Jurors on Our Basic Freedoms : Great Jury Trials of History, 1997, Prometheus. Landmark cases in which the jury played the starring role.
  • A Lehman, Godfrey D., The Ordeal of Edward Bushell, 1988, Lexicon. A fictionalized rendition of Bushell's Case, in which Edward Bushell, by holding out against intense pressure to convict William Penn on a charge of preaching in a way not authorized by the Church of England, established both the power and role of the jury and the right of free exercise of religion. Available from America's Legal Bookstore, 725 J St, Sacramento, CA 95814, 916/441-0410.
  • V Law must be argued in presence of the jury. Video. 25MB MPEG, running time 2.5 minutes. Need a video utility like Quicktime Player, RealPlayer or Adobe Premiere.

Search Jury Subsite

Due Process

  • HTML Version or Menu Judicial Process — Doctrines and practices that affect judicial decisionmaking.
  • HTML Version or Menu Justiciability: Standing and Redressability
  • HTML Version or Menu Jurisdiction & Due Process Law Library
  • HTML Version Text Version Intent of the Fourteenth Amendment was to Protect All Rights, Jon Roland
  • Remote Link - HTML Bill of Attainder Project

Judicial Misconduct

This ranges from incompetence and neglect to judicial tyranny, and justifies a page of its own.

Prosecutorial Misconduct

  • Remote Link - HTML Police, Prosecutorial and Judicial Misconduct — Compilation of cases.
  • Remote Link - HTML Plea Bargaining: An Unconstitutional Delegation of Judicial Power to the Executive Branch of Government — Site devoted to the topic.
  • Leniency for testimony — Inadmissible, constitutes bribery, and may be subornation of perjury.
    • Remote Link - HTML U.S. v. Singleton, 10th Circuit decision — Rejected wrongly en banc.
    • Remote Link - HTML U.S. v. Lowery, 11th Circuit decision — Similar and also correct.

Property and Privacy Rights — We have a separate subsite for this large topic.

Disablement

Statutory History

  • HTML Version Text Version Judiciary Act of 1789. A provision of it was found unconstitutional in Marbury v. Madison, 5 U.S. (1 Cranch) 137; 2 L. Ed. 60 (1803).
Home
Original URL: http://www.constitution.org/cs_duepr.htm
Maintained:
Jon Roland of the Constitution Society
Original date: 1995/09/25 — 


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