It was stated above that in criminal cases it is the community that appears against the accused.  The community appears in the person of the district attorney, otherwise called the prosecuting attorney, state’s attorney, or county solicitor.  It is the business of this officer to gather evidence of crimes committed in the community and, in most cases, to submit it to the grand jury, which is a body of citizens carefully chosen to consider such evidence.  If the grand jury considers the evidence against the accused sufficient to warrant bringing him to trial, it brings in an indictment against him.  The prosecuting attorney then prosecutes the case for the community against the accused.  It is of course his duty to secure exact justice; sometimes, however, he seems interested only in securing the conviction of the accused.

RIGHTS OF THE ACCUSED

Our state and national constitutions seek to protect carefully the rights of a person accused of crime.  He is assumed to be innocent until he has been proved otherwise.  He is guaranteed a “speedy and public trial, by an impartial jury.”  He must be “confronted with witnesses against him,” and have “compulsory process for obtaining witnesses in his favor,” and “assistance of counsel for his defense” (Const., Amendment vi).  He cannot be compelled to be a witness against himself, nor be deprived of life, liberty, or property, without “due process of law” (Amendment V).  “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” (Amendment viii).

CIRCUIT OR SUPERIOR COURTS

In some states there is another set of courts immediately above the county courts, known as circuit, district, or superior, courts.  The districts in which these courts have jurisdiction include several counties.  The cases courts handled by them are either cases of appeal from the lower courts, or cases of greater importance than those over which the lower courts have jurisdiction.

THE STATE SUPREME COURT

The highest court in the state is the supreme court, sometimes called the court of appeals, or the court of errors.  In the supreme court several judges sit together, and there is no jury.  The cases that come before it are for the most part cases of appeal from the lower courts, although there are certain classes of cases that come before it in the first instance.  The supreme court is the final judge as to whether acts of the legislature are in conformity with the state constitution.

OTHER COURTS