Opinion · Supreme Court of the United States

Brown v. New Jersey

175 U.S. 172

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1899-11-20
Topic
general

How later courts describe this case

  • “The right to challenge is the right to reject, not to select, a juror.”

Citator

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Cited by
218 opinions

Headnotes

  1. Constitutional Law — Fourteenth Amendment — Applicability of Bill of Rights to States The first ten amendments to the Federal Constitution contain no restrictions on the powers of the states, but were intended to operate solely on the federal government. 175 U.S. at 174
  2. Constitutional Law — State Authority over Judicial Procedure A state has full control over the procedure in its courts, both in civil and criminal cases, subject only to the qualification that such procedure must not work a denial of fundamental rights or conflict with specific and applicable provisions of the Federal Constitution; the state is not tied down by any provision of the Federal Constitution to the practice and procedure which existed at the common law, and may make such changes as may be necessary. 175 U.S. at 174-75
  3. Constitutional Law — Due Process Any legal proceeding enforced by public authority, whether sanctioned by age and custom or newly devised in the discretion of the legislative power, in furtherance of the general public good, which regards and preserves the principles of liberty and justice, is due process of law; law in its regular course of administration through courts of justice is due process, and when secured by the law of the state the constitutional requirement is satisfied.
  4. Constitutional Law — Due Process Trial by a struck jury, empanelled in accordance with a state statute valid under the state constitution, does not trespass upon any fundamental right of the defendant and constitutes due process of law; such a procedure gives the defendant a reasonable opportunity to ascertain the qualifications of proposed jurors and to protect himself against any supposed prejudices in the mind of any particular individual called as a juror, and is a fair and reasonable way of securing an impartial jury. 175 U.S. at 175
  5. Constitutional Law — Due Process The purpose of criminal procedure is not to enable the defendant to select jurors, but to secure an impartial jury; the right to challenge is the right to reject, not to select a juror, and if from those who remain an impartial jury is obtained, the constitutional right of the accused is maintained.
  6. Constitutional Law — Equal Protection A state may make different arrangements for trials under different circumstances of even the same class of offenses without violating the equal protection guarantee of the Fourteenth Amendment; the amendment does not prohibit legislation limited either in the objects to which it is directed or by the territory within which it is to operate, but merely requires that all persons subjected to such legislation shall be treated alike, under like circumstances and conditions, both in the privileges conferred and in the liabilities imposed.
  7. Constitutional Law — Equal Protection Where a state statute allows fewer peremptory challenges when a struck jury is ordered than are permitted in a trial before an ordinary jury, but the same number of challenges is permitted in all cases in which a struck jury is ordered, and either party may apply for a struck jury with the matter determined by the court in the exercise of a sound discretion, the statute does not deny the equal protection of the laws; the fact that in a given case the court's discretion in awarding a trial by a struck jury was improperly exercised may present a matter for consideration on appeal, but does not amount to a constitutional violation. 175 U.S. at 176-77
  8. Constitutional Law — State Court Interpretation of State Constitution Where the highest court of a state has held that statutory provisions for a struck jury are not in conflict with the constitution of that state, the question is foreclosed in the Supreme Court of the United States by that decision. 175 U.S. at 173
  9. Constitutional Law — Grand Jury — State Criminal Procedure While at the common law an indictment by the grand jury was an essential preliminary to trial for felony, it is within the power of a state to abolish the grand jury entirely and proceed by information. 175 U.S. at 175
  10. Constitutional Law — Criminal Procedure — Struck Jury for Murder A struck jury that may never have been resorted to in trials for murder at common law cannot be deemed essentially bad when applied to that offense if it is appropriate for and used in criminal trials for other offenses. 175 U.S. at 175