Hurtado v. California

• Author: Jeffrey Lehman, Shirelle Phelps

Page 318

An 1884 decision of the Supreme Court, Hurtado v. California, 110 U.S. 516, 4 S. Ct. 111, 28 L. Ed. 232, held that states are not required to comply with the FIFTH AMENDMENT provision that a criminal prosecution be initiated by an indictment by a GRAND JURY.

The constitution of California and various penal statutes provided for the prosecution of a person charged with an offense by information after a PRELIMINARY HEARING before a magistrate with RIGHTS TO COUNSEL and to cross-examine witnesses, or by indictment with or without a preliminary hearing. In February 1882, the district attorney of Sacramento County filed an information against Joseph Hurtado, charging him with the murder of Jose Stuardo. Hurtado was arraigned, tried, convicted of the crime, and sentenced to death. He unsuccessfully appealed his conviction throughout state appellate courts and brought a writ of error before the SUPREME COURT OF THE UNITED STATES.

Hurtado alleged that his conviction and sentence were void because they were obtained in violation of his rights to DUE PROCESS OF LAW as guaranteed by the FOURTEENTH AMENDMENT. He was convicted and sentenced on the basis of an information, not an indictment or presentment by a grand jury as required by the Fifth Amendment and, therefore, was deprived by the state of his liberty without due process.

After reviewing English treatises and numerous cases construing the term due process of law, the Court affirmed Hurtado's conviction. Only persons accused of federal crimes are entitled to a presentment or indictment of a grand jury. The Court refused to declare the proceedings that led to Hurtado's...