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July 20, 2010
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Did The Federal Courts Have Jurisdiction To Try The Mende On Criminal Charges

No, said Justice Smith Thompson in the U.S. Circuit Court.

Following the Spanish planters’ testimony about the revolt on the Amistad, the U.S. attorney for Connecticut prepared an indictment of the adult Mende on charges of murder and piracy. In the U.S. Circuit Court for Connecticut, a grand jury returned a finding of facts regarding the revolt on the schooner, the killing of the captain and cook, and the theft of goods on board. Justice Thompson denied that the federal courts had any jurisdiction over the alleged crimes. The crimes allegedly committed on a Spanish vessel sailing under a Spanish commander could only be tried in the courts of that nation. The federal courts did have jurisdiction over violations of the law of nations, including piracy, but earlier court decisions had established that the slave trade was not a violation of the customs and practices that made up the law of nations.

Even before the circuit court convened, the U.S. attorney privately admitted that the courts did not have criminal jurisdiction over the Mende, and few observers expected a criminal trial. The Mende never again faced any criminal charges in the United Stat

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Federal Law Terms

 


Today's Terms

Eligible/eligibility (for jury duty)

Definition:
Every person who is at least 18 years of age, a citizen of the United States, and a resident of the respective county, able to understand the English language, not currently serving on any other jury, and who has not been convicted of a felony is eligible to serve as a juror.

Foreperson

Definition:
The jury foreperson's duty is to supervise and see that discussion during deliberations is carried on in a free and orderly manner, that the case and issues are fully and freely discussed, and that every juror is given a chance to participate in the discussion.

Trier of fact

Definition:
The factual decision maker of a case. The judge for a bench trial (no jury) or a jury in a jury trial who determine the factual finding of the case as it applies to applicable law.

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