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Maxwell v. Dow
''Maxwell v. Dow'', , is a United States Supreme Court decision which addressed two questions relating to the Due Process Clause. First, whether the Utah's practice of allowing prosecutors to directly file criminal charges without a grand jury (this practice goes by the confusing name of information) were consistent with due process, and second, whether Utah's use of eight jurors instead of twelve in "courts of general jurisdiction" were constitutional.
==Background==
The passage of the Fourteenth amendment expanded the application of the Bill of Rights to questions of state law with the Privileges or Immunities Clause which states "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States", The landmark 1876 Slaughter-House Cases, set a narrow standard for the class of rights that clause may be applied to.
At the time of the case, the laws of Utah allowed criminal charges by grand jury or by "information", and provided for varying numbers of jurors depending on the court and charges involved.
Charles L. Maxwell was tried and convicted of robbery in Utah in 1898, and was eventually appealed to the Supreme Court, which heard the case in 1899.〔(Court opinion at Justia )〕 His suit argued that by denying him a twelve-member jury, and by avoiding the use of a grand jury, Utah's prosecution of him had violated his incorporated Due Process Clause rights.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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