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The Chase Court (1864–1873) issued thirty-five opinions in criminal cases over nine years, at a significantly higher rate than the Marshall Court or Taney Court before it. Notable such cases include ''Ex parte Milligan'' (1866), ''Pervear v. Massachusetts'' (1866), ''Ex parte McCardle'' (1867, 1869), ''Ex parte Yerger'' (1868), and ''United States v. Kirby'' (1868). An array of Reconstruction-era statutes created new federal crimes and new sources of federal jurisdiction to hear criminal cases—both by removal and writs of habeas corpus. ==Background== During the tenure of Chief Justice Salmon P. Chase, the fundamental structure of the federal criminal system—arising from the Judiciary Act of 1789—underwent several legislative modifications. According to Wiecek, "()n no comparable period of our nation's history have the federal courts, lower and Supreme, enjoyed as great an expansion of their jurisdiction as they did in the years of Reconstruction, 1863 to 1876."〔Wiecek, 1969, at 333.〕 First, in 1866, Congress authorized the removal of criminal cases from state courts to federal courts in certain situations (known as "civil rights removal").〔Act of Apr. 9, 1866, §3, 14 Stat. 27, 27.〕 The act provided: :That the district courts of the United States, within their respective districts, shall have . . . cognizance . . . , concurrently with the circuit courts of the United States, of all causes, civil and criminal, affecting persons who are denied or cannot enforce in the courts or the judicial tribunals of the State or locality where they may be any of the rights secured to them by the first section of this act; and if any suit or prosecution, civil or criminal, affecting persons who are denied or cannot enforce in the courts or the judicial tribunals of the State or locality where they may be any of the rights secured to them by the first section of this act . . . .〔 Second, in 1867, Congress broadened the authority of the federal courts to hear habeas petitions, and authorized the Supreme Court to hear direct appeals from the adjudication of those petitions in the lower federal courts (as an alternative to original habeas).〔Act of Feb. 5, 1867, 14 Stat. 385.〕 Most notably, the 1867 act extended the power of the federal courts to hear habeas petitions from state prisoners (although the Chase Court heard no such cases).〔Van Alstyne, 1973, at 233–35.〕 Further, by explicitly providing for appeals from habeas petitions in lower federal courts, the act abrogated the Supreme Court's decision in ''Barry v. Mercein'' (1847),〔Barry v. Mercein, 46 U.S. (5 How.) 103 (1847). ''Barry'' was not a criminal case, but rather involved child custody.〕 which held that such appeals could not be maintained as writs of error under § 22 of the Judiciary Act of 1789.〔Van Alstyne, 1973, at 235.〕 The following year, while ''Ex parte McCardle'' was pending before the Supreme Court, Congress repealed the portion of the act that authorized the Supreme Court to hear habeas appeals from the circuit courts.〔Act of Mar. 27, 1868, 15 Stat. 44.〕 Third, the Judiciary Act of 1869, also known as the Circuit Judges Act, created full-time judges to sit on the circuit courts.〔Judiciary Act of 1869, 16 Stat. 44.〕 While the act did not eliminate the obligation of Supreme Court justices to "ride circuit," or sit as circuit judges, it reduced the practice and accordingly reduced the availability of certificates of division in criminal cases. Fourth, the United States Department of Justice was created in 1870. Fifth, in 1872, Congress modified the procedure for adjudicating certificates of division.〔Act of June 1, 1872, § 1, 17 Stat. 196, 196 (codified at Rev. Stat. 650–652, 693, 697).〕 In civil suits, the amendment provided that the opinion of the presiding judge (the Supreme Court justice) would prevail in the interim〔Rev. Stat. 650.〕 and that the Supreme Court would not decide the certified question of law until the circuit court entered a final decision in the matter.〔Rev. Stat. 652, 693, 697.〕 But, in criminal case, the procedure remained essentially the same as it had been under the Judiciary Act of 1802.〔Rev. Stat. 651, 697.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Criminal law in the Chase Court」の詳細全文を読む スポンサード リンク
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