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''United States v. Moreland'', 258 U.S. 433 (1922), was a case heard by the Supreme Court of the United States on March 9 and 10, 1922, and decided a month later on April 17. The case involved a Fifth Amendment rights issue centering on whether or not hard labor was an infamous punishment (thus triggering the necessity of a grand jury indictment) or whether imprisonment in a penitentiary was a necessity for punishment to be considered infamous. The majority opinion also included the court’s contention for continued support of the findings of a previously held case, ''Wong Wing v. United States'', 163 U.S. 228 (1896). Lawyers for the United States argued that Wong Wing was improperly applied in the Moreland case, and had been modified or overruled by subsequent cases. The court strongly rejected the government’s contentions regarding Wong Wing in its opinion, and ruled in favor of Moreland. ==Facts and History== The dissenting opinion written by Justice Louis Brandeis offers a succinct account of the facts that led up to this case:
(An information is defined as “a formal accusation of a crime made by a public officer rather than by grand jury indictment.”) () The statute described by Justice Brandeis (also referred to as the ''Act of March 23, 1906'' or ''the Act'') suggests the punishment of
Mr. Moreland underwent a jury trial and was found guilty of failing to provide proper child support; the Supreme Court found no issue with the proceedings themselves. The juvenile court suspended sentence and gave him a chance to make these obligatory payments. After a month of failing to do so, “Moreland was sentenced on April 19, 1921, to be committed to the workhouse at hard labor for 6 months.” Moreland objected to the sentence, claiming the offense he had been charged with amounted to an infamous crime because the Act of March 23, 1908 included hard labor as a potential punishment; the Fifth Amendment of the U.S. Constitution would therefore apply, as would its ban on individuals being held to answer for infamous crimes without indictment or presentment by a grand jury. The juvenile court overruled his claim. Moreland appealed. The trial originated in the D.C. court system, so the appeal went directly to the D.C. Circuit Court of Appeals, which reversed the juvenile court’s decision and directed that the complaint be dismissed, freeing Moreland. The Court of Appeals relied upon the findings of Wong Wing in making its determination that Moreland’s claim was valid, and therefore found the Act of March 23, 1908 to be unconstitutional. Writ of certiorari was filed and granted by the Supreme Court. 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「United States v. Moreland」の詳細全文を読む スポンサード リンク
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