oliver argued december decided march oliver william henry gallagher detroit osmond fraenkel petitioner edumund shepherd detroit respondent justice black delivered opinion michigan circuit judge summarily sent petitioner jail contempt must determine whether denied procedural due process guaranteed fourteenth amendment obedience subpoena petitioner appeared witness michigan circuit judge conducting accordance michigan law grand jury investigation alleged gambling official corruption investigation presumably took place judge chambers though certain two circuit judges present advisory capacity prosecutor may present stenographer likely record show members judge investigatorial staff participated proceedings certain however public questioning secret accordance traditional grand jury method petitioner given certain testimony jury still secret session told petitioner neither advisors believed petitioner belief jury based entirely petitioner testified later seen rested part beliefs suspicions derived testimony least one witness previously given evidence secret petitioner present witness testified far appears even aware testified based beliefs thus petitioner story jury immediately charged contempt immediately convicted immediately sentenced sixty days jail circumstances haste secrecy petitioner course chance enjoy benefits counsel chance prepare defense opportunity either cross examine grand jury witness summon witnesses refute charge three days later lawyer filed petitioner behalf michigan petition habeas corpus consideration alleged among things petitioner attorney allowed confer best attorney knowledge petitioner held jail judgment decree execution confined virtue legal commitment directed sheriff required law order entered signed circuit judge grand jury convicted petitioner contempt petitioner testified given answers questions order directed petitioner confined county jail period sixty days time shall appear answer questions heretofore propounded michigan grounds detailed companion case petition dohany hartley rejected petitioner contention summary manner sentenced jail secrecy grand jury chamber depi ved liberty without affording kind notice opportunity defend trial due process clause fourteenth amendment requires petition dohany ex parte oliver granted certiorari consider procedural due process questions case requires brief explanation michigan unique grand jury system state first constitution like fifth amendment federal constitution required criminal prosecutions begun presentment indictment grand jury art compulsory provision left constitution present constitution however michigan judges may still discretion summon grand juries told attorney general discretion rarely exercised grand jury taken place old michigan member grand jury particularly probes alleged misconduct public officials grand jury law passed following recommendation state bar association interest rigorous law enforcement greater emphasis put upon procedure crime need uppermost thinking bar association recommended bill provided justices peace vested inquisitorial powers traditionally conferred coroners grand juries bill passed imposed recommended investigatory powers justices peace police judges judges courts record well act whenever jury may summon witness appear duty go answer material questions incriminate fail appear fail answer material questions jury believe evidence false evasive deliberately contradit ory may found guilty contempt offense may punishable fine imprisonment county jail exceeding sixty days discretion jury sentenced appears satisfactorily answers questions propounded jury sentence may within discretion commuted suspended end first sentence resummoned subjected inquiries believe answers false evasive contradictory sentenced serve sixty days unless reappears second period satisfactorily answers questions within discretion decides commute suspend sentence carrying authority judgegrand jury authorized appoint prosecutors detectives aides public may discretion justice peace judge admitted inquiry henderson comp laws witness may asked questions subjects need advised privilege even though questioning secret secret interrogations carried day night public place courthouse office building hotel room home place business well ambulatory power understood michigan grand jury also popularly referred grand jury circuit jury petitioner testified filed state answer petition habeas corpus answer contained fragments apparently stenographic transcript petitioner testimony given grand jury fragments testimony answer stated jury concluded evasive petitioner filed verified motion state seeking complete transcript testimony produced habeas corpus hearing alleged full report testimony disclose freely promptly best ability answered questions asked full transcript refute charge testified evasively falsely answer motion circuit judge deny allegations however asserted fragments contained original answer showed grand jury testimony necessary present proceeding full disclosure petitioner testimony seriously retard grand jury activities state denied petitioner motion thus later dismissed petition habeas corpus seen copy portion record testimony given petitioner petitioner challenge constitutional power michigan grant traditional inquisitorial grand jury power single judge therefore concern question long recognized country however traditionl grand juries may examine witnesses secret sessions oaths secrecy ordinarily taken members grand juries witnesses many reasons advanced support grand jury secrecy see hale henkel state branch reasons never thought justify secrecy trial accused charged violation law may fined sent jail grand juries investigate usual end investigation either report indictment try convict render judgment work finished return indictment used evidence person indicted may fined sentenced jail tried convicted afforded procedural safeguards required due process law even witnesses grand juries refuse answer proper questions grand juries adjudge witnesses guilty contempt secret public witnesses refuse testify grand juries tried contempt charges judges sitting open though powers judge even acting grand jury may michigan holds judicial due process clause may apply one effect judge grand jury investigation quite different effect jury suddenly makes witness defendant contempt case concerned petitioner rights witness secret grand jury session rights defendant contempt proceeding powers jury tried convicted secret sentenced jail charge false evasive swearing must likewise measured limitations applicable grand jury proceedings constitutional standards applicable proceedings accused may sentenced fine imprisonment thus first question accused tried convicted contempt grand jury secrecy first counsel cited unable find single instance criminal trial conducted camera state municipal history country found record even one secret criminal trial england since abolition star chamber whether ever convicted people secretly dispute summary trials alleged misconduct called contempt regarded exception universal rule secret trials unless michigan grand jury case may represent exception nation accepted practice guaranteeing public trial accused roots english common law heritage exact date origin obscure likely evolved long settlement land accompaniment ancient institution jury trial country guarantee accused right public trial first appeared state constitution following ratification federal constitution sixth amendment commands criminal prosecutions accused shall enjoy right speedy public trial original subsequently admitted union adopted similar constitutional provisions today almost without every state judicial requires criminal trials open public traditional distrust secret trials variously ascribed notorious use practice spanish inquisition excesses english star french monarchy abuse lettre de cachet institutions obviously symbolized menace liberty hands despotic groups become instrument suppression political religious heresies ruthless disregard right accused fair trial whatever benefits guarantee accused trial conducted public may confer upon guarantee always recognized safeguard attempt employ courts instruments persecution knowledge every criminal trial subject contemporaneous review forum public opinion effective restraint possible abuse judicial power one need wholly agree statement made subject jeremy bentham years ago appreciate fear secret trials felt predecessors contemporaries bentham said suppose proceedings completely secret occasion consist single judge judge indolent arbitrary corrupt soever inclination may find check rate tolerably efficient check oppose without publicity checks insufficient comparison publicity checks small account recordation appeal whatever institutions might present character checks found operate rather cloaks checks cloaks reality checks appearance giving content constitutional statutory commands accused given public trial state deral courts differed groups spectators properly excluded criminal trial unless michigan grand jury contempt cases country ever held far find accused tried convicted sent jail everybody else denied entrance except judge attaches without exception courts held accused least entitled friends relatives counsel present matter offense may charged gaines washington assumed criminal trial conducted secret violate procedural requirements fourteenth amendment due process clause although actual holding violation fact occurred since trial order barring general public enforced certain proceedings judge chambers including convictions contempt occasionally countenanced state never intimation public including accused relatives friends counsel barred trial chamber case us petitioner called witness testify secret grand jury conducting grand jury investigation midst petitioner testimony proceedings abruptly changed investigation became grand jury became judge witness became accused charged contempt secret following charge conviction sentence petitioner led away without break secrecy even jail according undenied allegations lawyer denied opportunity see confer end secrecy lawyer filed state habeas corpus proceeding even mantle secrecy enveloped transaction state ordered sent back jail without ever seen record testimony without knowing took place secrecy judge chambers viewo nation historic distrust secret proceedings inherent dangers freedom universal requirement federal state governments criminal trials public fourteenth amendment guarantee one shall deprived liberty without due process law means least accused thus sentenced prison second hold failure afford petitioner reasonable opportunity defend charge false evasive swearing denial due process law person right reasonable notice charge opportunity heard right day basic system jurisprudence rights include minimum right examine witnesses offer testimony represented counsel michigan denying existence rights criminal cases generally apparently concedes summary conviction denial procedural due process nature charge namely contempt committed state urges actual presence true courts long exercised power summarily punish certain conduct committed open without notice testimony hearing ex parte terry case terry committed assault marshal moment removing heckler courtroom misconduct heckler marshal assailant occurred within view judge eye actually interrupted trial cause way held circumstances judge power punish offender without notice without hearing although conduct may also punishable criminal offense reached conclusion believed business conducted unless suppress disturbances within courtroom immediate punishment however recognized departure accepted standards due process capable grave abuses reason gave encouragement expansion beyond suppression punishment misconduct alone justified exercise indeed terry case cited approval decision anderson dunn wheat marked limits contempt authority general least possible power adequate end proposed page wheat see michael holding terry case considered unlimited abandonment basic due process procedural safeguards even contempt cases spelled emphatic language cooke contempt case arising federal district pointed exercise extraordinary narrowly limited power punish contempt without adequate notice opportunity heard misconduct must occur immediate presence judge must personal knowledge acquired observation contemptuous condut said knowledge acquired testimony others even confession accused justify conviction without trial opportunity defense furthermore explained terry rule reaching conduct created open threat orderly procedure flagrant defiance person presence judge public instantly suppressed punished demoralization authority follow page pages except narrowly limited category contempts due process law explained cooke case requires one charged contempt advised charges reasonable opportunity meet way defense explanation right represented counsel chance testify call witnesses behalf either way defense explanation narrow exception due process requirements includes charges misconduct open presence judge disturbs business essential elements misconduct eye actually observed immediate punishment essential prevent authority public essential elements offense personally observed judge must depend upon statements made others knowledge essential elements due process requires according cooke case accused accorded notice fair hearing set facts shown record put case outside narrow category cases punished contempt without notice hearing counsel since petitioner alleged misconduct occurred secret possibility demoralization authority public furthermore answer jury petition habeas corpus showed conclusion petitioner testified falsely based least part upon testimony given one witnesses petitioner petitioner one hartley testified day machine operators bought possession certain called bonds purchased one mitchell sent jail contempt day petition dohany hartley jury pressed petitioner hartley state bought bonds patently worthless petitioner also repeatedly asked done worthless bonds answered every question asked according fragmentary portions testimony reported michigan included opinion steadfastly denied knew precisely done worthless bonds made several different statements might disposed might thrown wastebasket trash might burned upholding jury conclusion petitioner testified falsely evasively majority michigan gave one reason statement jury answer grand jury investigation satisfied bonds sold said carman mitchell said william oliver sold said carman mitchell leo thomas hartley nothing petitioner testimony reported remotely justified drawing conclusion obviously appraising truth oliver testimony light testimony given day petitioner absence hartley possibly othe witnesses terry case others like provide support sustaining petitioner conviction contempt upon testimony given petitioner absence case like terry case judge personally witnessed terry assault upon marshal nevertheless sent jail contempt hearing testimony witnesses terry terry absence may conceivable urged judge circumstances correctly detect falsity evasiveness simply listening witness testify plainly case finding falsity rested exercise alleged power reason need pass question argued briefs whether judge consistently procedural due process convict witness testifying falsely evasively solely judge ability detect merely observing witness hearing testify reason suggested authority resulted giving petitioner reasonable opportunity appear offer defense open charge perjury charge contempt traditional grand juries never punished contempts practice always followed recalcitrant grand jury nesses take open practice consistent due process demoralized authority courts reported cases reveal instances witnesses believed grand juries basis testimony perjurers convicted contempt perjury without notice specific charges opportunity prepare defense obtain counsel witnesses offer evidence defense right heard open one condemned valuable whittled away guise authority law land man life liberty property forfeited punishment charge fairly made fairly tried public tribunal see chambers florida petitioner convicted without kind trial judgment michigan reversed cause remanded disposition inconsistent opinion reversed remanded justice rutledge concurring join opinion decision needs said michigan grand jury exemplified record combines single official historically separate powers grand jury committing magistrate prosecutor trial judge petit jury aggregated authority denies accused right public trial also basic protections secured sixth amendment namely rights informed nature cause accusation confronted witnesses compulsory process obtaining witnesses favor assistance counsel defence takes away security twice put jeopardy denies equal protection laws leaving committing functionary sole discretion scope contents record appeal xiv aggregation powers inherently concomitant denial historic freedoms unknown common law time institutions crystallized constitution altogether variance tradition system government stand test constitutionaliy purposes depriving person life liberty property semblance due process law scheme used ends case demonstrates far departed constitutional plan fourteenth amendment adoption permitted selective departure scheme ordered personal liberty established bill rights guise permitting experiment improving administration justice left free substitute spite absolutism continental governments processes civil justice place institutions common perpetuated us bill rights exercise freedom michigan enabled adopt apply scheme done case immediate offspring hurtado california later like cases long stand long bill rights regarded strait jacket eighteenth century procedures rather basic charter personal liberty like experimentations may expected check effectiveness agreement majority experiment violates fundamental notions justice civilized society conceive bill rights apart due process clause fifth amendment incorporates ideas far provisions go know better substitutes may inconvenient restrictions upon authority securing personal liberty well fairness trial deprive one always authority restricted times like think substitutions imported systems including continental ones offer promise whole improvement harm either cause perfecting administration justice securing perpetuating individual freedom main end society constitution one attribute collapse liberty europe elsewhere recent years solely processes civil justice prevailing nations suffered loss neither one denyt significance contrast success maintaining systems ordered liberty nations main adhered closely scheme personal freedoms bill rights secures experience demonstrates think wiser safer put whatever inconveniences charter creates run risk losing guaranties dubious also convenient substitutions imported alien traditions survived nation great vicissitudes greater part history without wide departures numerous ones plan bill rights accepted plan nation ratified amendments accepted opinion ratified fourteenth amendment adamson california dissenting opinions pages good enough fathers think good enough room enough beyond specific limitations bill rights experiment toward improving administration justice within limitations laboratory excursions unless people authorized constitutionally provided method time experiment established liberties process carries dangers dilution denial chances enforcing strengthening remains say face broad departure many specific constitutional guaranties view control aggregate summarized concept due process representing fundamental ideas fair play justice civilized society record case presents eyes need remain closed hand idle case returned state reaffirmation position confirmation views expressed opinion neither rescue army municipal musser utah presented situation like one tendered whether relation disentanglement constitutional issues questions state law consequently respect breadth clarity state departure federal constitutional commands neither case therefore requires justifies disposition cause according procedure followed case neither unripe decision wanting sufficient basis record exercise function justice frak furter fourteenth amendment state may surely adopt procedure established method prosecuting crime nearly half ratified amendment may abolish grand may reduce size grand jury even single member state great leeway devising judicial instruments probing conduct basis charging commission crime may time surround preliminary inquiry safeguards crime may detected criminals punished also charges may sifted secret injure embarrass innocent flouting judicial investigatory system may prevented hitherto constitutionally valid power punish contempt must however recalcitrance basis punishment testimony given withheld administration justice actively blocked see ex parte hudgings procedural safeguards process must observed due notice charge fair opportunity meet indispensable involves opportunity canvass charge open behind closed doors long man ample opportunity demonstrate innocence hustled jail complain state seen fit devise new procedure satisfying opportunity violative due process state take private property public use leave later stage constitutional vindication right compensation seem violative due process allow juror michigan find criminal contempt conduct proceedings without familiar elements open trial provided state furnishes accused public tribunal full opportunity quit finding opportunity meet charge criminal contempt must fair opportunity fair accused contest first time validity charge comes handicapped finding adequate opportunity resisting dealing attempt state seventh largest population union curb mitigate commission ofc rimes effective prosecution procedure operation thirty years heedlessly entered sporadically pursued series cases sanction highest michigan indications opinion michigan infer constitutional inadequacy procedure pursued case decide constitutional issues conclude michigan system offends constitution without clearer formulation actually happens system happen case us reveals significant precise issues decides case never explicitly challenged passed michigan series cases adjudicated controversies arising michigan grand jury system state denied due process required fourteenth amendment consonant delicate relations courts courts courts given fullest opportunity proper presentation issues make finding unconstitutionality think case instance regard inadmissible fourteenth amendment partial mutilated record proceedings grand contemnor first time opportunity meet accusation publicly petitioner case seems repel suggestion complaint certainly justice jackson points first ground opinion made basis inviting review agree concluding light decision day musser utah conjunction rescue army municipal cause returned michigan enable pass upon issues justice jackson justice frankfurter agrees dissenting principal ground assigned reversal judgment conviction alleged secrecy contempt procedure ground assigned review petition certiorari raised petition writ habeas corpus state courts therefore litigated record made reference hand principal question raised petition argued state decided opinion case state involves question litigated raised petitioner state opportunity pass upon remand case consideration done musser utah footnotes certain circumstances michigan law permits circuit judges sit circuit judges advisory capacity henderson giving reasons hartley opinion rejecting petitioner constitutional contentions state said gesture require adjournment grand jury reconvening circuit circuit judge acting one man grand jury may appropriate cases summarily adjudge witness testifying guilty contempt impose sentence forthwith contempt committed face required extraneous proofs occurrence direct therefore necessity filing charges notice accused hearing provided properly dealt summarily pages page four four vote also held support finding jury petitioner testified falsely petitioner argued shred evidence circumstances conceivably supported finding thus deprived liberty without due process law view take case find unnecessary consider constitutional contention laws authorizing system found michigan et et seq henderson summary ten statutes similarities michigan appears winters michigan grand jury see mccarthy clancy tit tit ex parte ballew proceedings annual meeting michigan state bar association ward first conviction may followed second conviction july fine also imposed instance petition investigation recount slattery people wolfson watson people butler winters michigan grand jury unprecedented success criminal courts see cases collected orfield criminal procedure arrest appeal slattery kloka brake state treasurer cf todd interstate commerce commission brimson ferreira cases within jurisdiction courts martial may regarded exception ex parte quirin king governor lewes prison whatever may classification juvenile proceedings often conducted without admitting public never practice wholly exclude parents relatives friends refuse juveniles benefit counsel michigan law contempt proceedings witness grand jury criminal nature wilkowski characterization material resolving due process question cf gompers radin right public trial early commentators mention public trials commonly held without attempting trace origin sir thomas smith de republica anglorum bk pp alston sir matthew hale history common law england runnington years long parliament abolished star chamber accused charged high treason special commission oyer terminer claimed right public trial apparently given trial trial john lilburne immemorial usage wherever common law prevails trials open spectators admitted bishop new criminal procedure declaration rights ix declaration rights ix criminal convictions jury verdict see ch art art art xii cl art xi art art art four massachusetts new hampshire virginia wyoming appear neither statutory constitutional provisions specifically requiring criminal trials held public although constitutions guaranteeing accused right jury trial pt art xii pt arts xv xvi art art massachusetts implication recognized accused right public trial well statute state permits exclusion spectators limited category cases new hampshire wyoming statute decision found right accused public trial mentioned virginia although decision discovered statute provides trial criminal cases whether felony misdemeanor cases may discretion exclude trial persons whose presence deemed necessary ann art ii ark const art ii art art ii art art declaration rights art par code idaho const art art art iowa const art bill rights art art art art art art art art par art ii art convictions crime except jury verdict art ohio const art art art art art art art art art vernon utah const art ch art art art iii art two ann civil rights law maryland appeals apparently interpreted state constitution prohibiting secret trials dutton state md radin right public trial criminal procedure civil law countries long resembled inquisition preliminary examination accused questioning witnesses trial accused conducted secret esmein history continental criminal procedure ploscowe development inquisitorial accusatorial elements french procedure criminology ecclesiastical courts great britain intermittently exercised limited civil criminal jurisdiction adopted procedure described name well fact inquisition differing spanish inquisition circumstances time far aware employ torture bulk business courts comparatively unimportant kind stephen history criminal law england secrecy ecclesiastical courts civil law courts often pointed commentators praised publicity common law courts see blackstone commentaries bentham rationale judicial evidence english common law courts succeeded jurisdiction ecclesiastical courts renounced claim hold secret sessions cases formerly within ecclesiastical jurisdiction even civil suits see scott scott davis keddington state williamson lacy dutton state md jenks book english law authorities said trials star chamber public witnesses accused examined privately opportunity discredit apparently authorities agreed accused grilled secret often tortured effort obtain confession objectionable star chamber practices asserted prerogative disregard common law rules criminal procedure occasion demanded holdsworth history english law radin right public trial washburn star chamber radin right public trial lettre de cachet order king one subjects forthwith imprisoned exiled without trial opportunity defend eighteenth century often issued blank local police louis xv supposed issued lettres de cachet reign device principal means employed prosecute crimes opinion although also used royalty convenient method preventing public airing family scandals voltaire mirabeau montesquieu among others denounced use lettre de cachet abolished french revolution though later temporarily revived napoleon encyc brit encyc soc sci benefits attributed publicity public trials come attention key witnesses unknown parties witnesses may voluntarily come forward give important testimony wigmore evidence tanksley spectators learn government acquire confidence judicial remedies wigmore evidence ed bentham rationale judicial evidence state keeler mont jenks book english law auld comparative jurisprudence criminal process toronto radin right public trial criminal procedure scotland england edinburgh rev holmes cowley pulsifer mass state osborne people murray protection persons accused crimeäthe innocently accused may become victim unjust prosecution well guilty may awarded fair trialäthat one rule public trials must observed applied frequently quoted statement cooley constitutional limitations requirement public trial benefit accused public may see fairly dealt unjustly condemned presence interested spectators may keep triers keenly alive sense responsibility importance functions bentham rationale judicial evidence compare people murray people yeager reagan collection analysis cases see wigmore evidence orfield criminal procedure arrest appeal radin right public trial note tanksley purposes contemplated provision constitution presence officers courtämen safe say influence courtämade trial public excluded people hartman cal see state beckstead utah error exclude friends relatives accused benedict people exclusion except witnesses members bar law students upheld people hall exclusion general public upheld accused permitted designate friends remained gone far affirmatively exclude press note even deplore sensationalism criminal trials advocate exclusion general public courtroom preserve rights accused requiring admission press friends accused selected members community radin right public trial cases collected following decisions involving various kinds proceedings among multitude support statement snyder massachusetts powell alabama hovey elliot holden hardy morgan cases cited see note supra requirement course contemplates accused informed sufficiently advance trial sentence enable determine nature plea entered prepare defense one made cf white ragen powell alabama case ga nd far record discloses submit opinion notes state held witness may reexamined recommitted period serving first sentence length unless reappears answers questions satisfaction grand jury ward cf cochran kansas far appears persons committed fined grand jury subjected michigan attenuated appellate procedure others convicted crime including criminal contempt apparently afforded rights complete records appeal immediate shift proceeding inquisitorial punitive function converts grand jury investigation proceeding criminal contempt cf adamson california page dissenting opinion justice black see hurtado california twining new jersey adamson california think demonstrated state systems free bill rights fair efficient federal system administering criminal justice never clear restraints notwithstanding betts brady progeny imagine state denial right counsel beyond permissible federal courts indeed guaranty sixth amendment bring improvement administration justice guaranties seemingly considered obstructive process fifth amendment requiring presentment indictment grand jury securing privilege rights jury trial assistance counsel secured sixth amendment requirements relating suits common law seventh amendment whatever inconveniences may thought involve far outweighed aggregate security individual afforded bill rights aggregate secured indeed may largely defeated long left free make broadly selective application protections sustaining power enunciated principle force lessened time constitution ordained true descendants englishmen inherited traditions english law history made undefined expanding future people gathered gathered many nations many tongues take pride principles institutions common law forget lands systems jurisprudence prevail ideas processes civil justice also unknown due process law spite absolutism continental governments alien code survived roman empire foundation modern civilization europe given us fundamental maxim distributive justice suum cuique tribuere nothing magna charta rightly construed broad charter public right law exclude best ideas systems every age characteristic principle common law draw inspiration every fountain justice assume sources supply exhausted contrary expect new various experiences situation system mold shape new less useful forms hurtado california brief argument urged reverse conviction merely partial return witness testimony constituted denial due process questions present much basic denial due process original commitment us much shocking accused charged contempt committed open denied trial lower given trial upon incomplete record appellate petitioner answer brief state bar michigan pp