POLS 431 Study Guide - Jury Trial, Antonin Scalia, Federal-Question Jurisdiction
Document Summary
There is a difference between finding facts and coming to a conclusion in a case: historical facts between judicial facts, historical facts: based on traditional principles, rules of history, archeology, etc. ; facts that actually occurred in the past (speeches, assignations, etc); tell us what actually happened: judicial facts: may not coincide with historical facts; can be found by a jury or a judge. Hurtado v. california: facts: california constitution of 1879 allowed trial to come before a judge and not a grand jury, estuardo was hurtado"s friend and began to have an affair with. Amendment guaranteed him the right to a grand jury in a capital offense punishment can be death: argument comes from the fifth amendment. Indictment comes from a prosecutor going to a state of federal grand jury and asks for an indictment or a federal charge, against the defendant.
