POLI 4021 Chapter : Brief 2
Document Summary
Facts: joseph hurtado discovered his wife, susie, was having an affair. Hurtado confronted estuardo in a bar, where he was arrested on battery charges. While the trial was pending, hurtado shot and killed estuardo. Hurtado was brought to the state and found guilty of murder and sentenced to death. Hurtado asked the u. s. supreme court to reverse its decision because he was not awarded his right to a grand jury hearing. States are free to construct their own laws. The fourteenth amendment was not specifically referenced to guarantee the right of a grand jury. It was also concluded that hurtado s due process right was not violated. He further concluded that hurtado received a fair trial. Harlan explained that due process demands indictment by a grand jury for all capital offenses. He explained that due process could not mean one thing for federal government, and a completely different thing for state government.
