Hurtado v. California
Encyclopedia
Hurtado v. California, 110 U.S. 516
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

 (1884), was a case decided on by the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

. The case helped define rules regarding the use of grand juries
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...

 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
Information (formal criminal charge)
Information is a formal criminal charge made without a grand jury indictment by a prosecutor in a document called an information.The term is used in Canada and various other common law jurisdictions, including a number of U.S...

, after examination and commitment by a magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...

, 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." 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? 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, Justice 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
William Blackstone
Sir William Blackstone KC SL was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the Commentaries on the Laws of England. Born into a middle class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke...

 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
Edward Coke
Sir Edward Coke SL PC was an English barrister, judge and politician considered to be the greatest jurist of the Elizabethan and Jacobean eras. Born into a middle class family, Coke was educated at Trinity College, Cambridge before leaving to study at the Inner Temple, where he was called to the...

, 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 juries, usually replacing them with informations and a preliminary hearing before a judge or the discretion of the prosecutor. However, as Justice Harlan wrote, “...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 conceived, the rights of the accused are less well-protected, and the inevitable result is more miscarriages of justice.
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