Constitutional issues Criminal law in the Waite Court

confrontation clause

reynolds v. united states (1878) first supreme court case defendant raised confrontation clause issue. court held defendant s right confront witnesses (the alleged multiple wives) forfeited wrongdoing of defendant in procuring absence.

cruel , unusual punishment

in wilkerson v. utah (1879), court held execution firing squad not cruel , unusual punishment.

double jeopardy clause

in kring v. missouri (1883), court held violated double jeopardy statute attempt abrogate rule guilty plea second degree murder implied acquittal first-degree murder. in bohanan v. nebraska (1886), without reaching merits (but deciding motion dismiss), court held had authority consider whether second murder conviction in state court constituted double jeopardy.

due process

in brooks v. missouri (1888), court held state rule requiring new trial motion within 4 days of verdict did not violate due process clause.

equal protection , jury selection


an all-white jury

strauder v. west virginia (1880) , bush v. kentucky (1883) reversed convictions because of racial exclusion in jury system.

hayes v. missouri (1887) rejected equal protection challenge statute provided prosecution 8 peremptory challenges in small towns , 15 in large cities.

ex post facto law

in kring v. missouri (1883), court found statute violated constitution s prohibition against ex post facto laws (the plea entered before state constitutional amendment passed). alternative holding overruled collins v. youngblood (1990).

grand jury clause

in ex parte wilson (1885) , united states v. petit (1885), court held hard labor infamous punishment , therefore grand jury clause of fifth amendment attached. in mackin v. united states (1886), court held authorized sentence of 2 years imprisonment (even without hard labor) sufficiently infamous require grand jury. in ex parte bain (1887) , parkinson v. united states (1887), court held authorized sentence of 1 year in penitentiary sufficiently infamous.

in hurtado v. california (1884), court held grand jury clause not incorporated against states fourteenth amendment. hurtado remains law, and—along vicinage clause of sixth amendment , (maybe) excessive bail clause of eighth amendment—the grand jury clause remains criminal procedure provision of bill of rights not incorporated.