Hurtado v. California

SCOTUSCase
Litigants=Hurtado v. California
ArgueDateA=January 22
ArgueDateB=23
ArgueYear=1884
DecideDate=March 3
DecideYear=1884
FullName=Joseph Hurtado v. People of California
USVol=110
USPage=516
Citation=4 S. Ct. 111; 28 L. Ed. 232; 1884 U.S. LEXIS 1716
Prior=In error to the Supreme Court of California
Holding=The words "due process of law" in the Fourteenth Amendment of the Constitution of the United States do not necessarily require an indictment by a grand jury in a prosecution by a State for murder.
SCOTUS=1882-1887
Majority=Matthews
JoinMajority=Waite, Miller, Bradley, Woods, Gray, Blatchford
Dissent=Harlan
NotParticipating=Field
LawsApplied=U.S. Const. amends. V, XIV; Article I Section 8 California State Constitution

"Hurtado v. California", 110 U.S. 516 (1884), was a case decided on by the United States Supreme Court. The case helped define rules regarding the use of grand juries in indictments.

Facts of the case

Joseph Hurtado discovered that his wife Susie was having an affair with their friend José Antonio Estuardo. After measures Hurtado took to put an end to the adulterous affair – such as temporarily sending his wife away to live with her parents, and later assaulting Estuardo in a bar after his wife returned and the liaisons resumed – proved futile, Hurtado fatally shot Estuardo. Hurtado was arrested for the crime. He was not indicted by a grand jury. According to the California State Constitution at the time, the following applied: "Offenses heretofore required to be prosecuted by indictment, shall be prosecuted by information, after examination and commitment by a magistrate, or by indictment, with or without such examination and commitment, as may be prescribed by law. A grand jury shall be drawn and summoned at least once a year in each county." [cite web| title = Hurtado v. California| url = http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=110&invol=516| accessdate = 2006-11-30 ] The judge examined the information and determined that Hurtado should be brought to trial. Hurtado was tried, convicted of murder and sentenced to death. At issue was whether or not the 14th Amendment's Due Process Clause extended to the states the 5th Amendment's Indictment Clause requiring indictment by grand jury.

Questions presented

Does a state criminal proceeding based on an information rather than a grand jury indictment violate the 14th Amendment's due process clause? [cite web| title = Hurtado v. California| author = The Oyez Project| publisher = [http://www.oyez.org Oyez] | url = http://www.oyez.org/cases/case/?case=1851-1900/1883/1883_| accessdate = 2006-11-30 ] Is a grand jury indictment required by the 5th amendment applicable to state criminal trials via the 14th amendment?

Supreme Court decision

The Supreme Court ruled 7-1 that Hurtado’s due process right was not violated by denial of a grand jury hearing and that the 14th amendment was not intended to work retroactively to apply the 5th amendment to state criminal trials. Writing for the majority, Matthews stated that the states should be free to construct their own laws without infringement and that the 14th amendment was not intended to guarantee the right of a grand jury because it would have been specifically referenced. His opinion also concluded that Hurtado’s due process right was not violated because an information is “merely a preliminary proceeding and can result in no final judgment.” He further concluded that Hurtado still received a fair trial.

However, in his lone dissent, Justice Harlan presented a learned disquisition on the history and meaning of “due process of law” that included quotes of many of the great jurists. “Blackstone says: 'But to find a bill there must be at least twelve of the jury agree; for, so tender is the law of England of the lives of the subjects, that no man can be convicted at the suit of the king of any capital offense, unless by a unanimous voice of twenty-four of his equals and neighbors; that is, by twelve at least of the grand jury, in the first place, assenting to the accusation, and afterwards by the whole petit jury of twelve more finding him guilty upon his trial.' 4 Bl. Comm. 306.” Further, “'But these informations (of every kind) are confined by the constitutional law to mere misdemeanors only; for, wherever any capital offense is charged, the same law requires that the accusation be warranted by the oath of twelve men before the party shall be put to answer it.' Id. 309.” He cited Edward Coke, who held that “in capital cases, informations are not allowed by that law [of the land] , and was not due process of law.”

It has been on the basis of this decision that many states have abandoned the requirement for grand jury indictments, usually replacing them with informations and a preliminary hearing before a judge. However, as Justice Harlan said, “.. one of the peculiar benefits of the grand-jury system, as it exists in this country, is that it is composed, as a general rule, of private persons who do not hold office at the will of the government, or at the will of voters.” Critics contend that by abandoning the grand jury as originally conducted we have reduced the protections of the rights of accused and that the result is more miscarriages of justice.

ee also

*List of United States Supreme Court cases, volume 110

Notes