Page 241 - Beers With Our Founding Fathers

A Patriot’s view of the history and direction of our Country

known to all, and the defendant was not subjected to political or

otherwise abuses of justice and power. The jury of peers was
important to assure that the defendant was bound for trial in the

jurisdiction of the crime or where they resided, and of the same
class or representative population. One of the grievances in our

Declaration of Independence was that England would seize colonists
and transport them to England for trial. Once in England, the

defendant would not have a speedy trial, a trial in the venue, or a
trial amongst a jury of peers relative to the underlying offense. Of

course there is no need to have a jury trial if the defendant does not
know the charges for which they are on trial. Being uninformed of

charges, a jury trial and an attorney, were prevalent issues the
colonists faced in this historical era.

The right to be advised of charges, again, stems from the
historical and present events the colonies and colonists faced. A

proper defense could not be presented if the charges, and elements
necessary for arrest, proof, trial and therefore defense, were not

provided. Judicial corruption and influence included fabricating
charges for personal gain or to historically punish enemies of the

crown or church. The process of advisement of charges also
includes the advisement of rights, those similarly contained in the

Miranda Warning, though more applicable to the judicial
proceedings versus interrogation. Specific to this was the right to

counsel and confront and compel witnesses, also derived from this

history and experiences of the colonies and colonists. The right to
an attorney was generally reserved for those who could afford one,
and at the discretion of the crown or judicial process.

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