РефератыИностранный языкDeDennis Vs United States Essay Research Paper

Dennis Vs United States Essay Research Paper

Dennis Vs United States Essay, Research Paper


Dennis V.S. United States


Petitioner who is the General Secretary of the Communist Party of the U.S. was


convicted in the District of Columbia for violation R.S. 102, 2 U.S.C. 192, He failed to


appear before the committe of the Un-American Activities of the Houise of


Representatives. Goverment employees on the jury panel were interrogated


individually by petitioners counsel as to the fact that he was a Communist. Executive


Order 9835 gave standards for the discharge of goverment employees if there is


reasonable evidence that they are disloyal to the goverment. This would prevent them


from finding a fair anf impartial verdict. 7 goverment emplyees that gave negative


answers to all the questions and testified that they would give a fair and impartial


verdict were permitted to serve on the jury. George W. Crockett, Jr. argued the cause


for petitioner also on his side Earl Dickerson, David M., Freedman and Harry Sacher.


Solicitor General Perlman argued the cause for the United States also on his side


Assistant Attorney General Campbell, Robery S. Erdahl and Harold D. Cohen. For the


National Lawyers Guild was Robert J. Silberstein. He failed to appear before the


Commitee on Un-American Activites in compliance with a subpoena duly served upon


him. The Court of Appeals affirmed, 84 U.S. App. D.C. 31,171 F.2d 986. They where


granted certiorari limited to the questions wheather goverment employees could


properly server on the jury which tried petitioner. He voluntarily appeared before the


House Commitee on Un-American Activities which had under consideration two bills to


outlaw the Communist Party. Petitioner was and is General Secretary of the United


States. He refused to answer questions as to his name and the date and place of birth


in front of the Commitee. The Chairman of the Commitee directed that a sbpoena be


served forthwith upon petitioner, making him have to come before the Commitee on


April 9, 1947. He did not app ear but sent a representative. The Commitee reported


his refusal to appear to the House of Representatives, and the Hou

se adopted a


resolution certifying the report of the Committee to the United States Attorney for the


District of Comlumbia. The Petitioner was Subsequently indicted. When the case came


to trial, the petitioner said that he could not obtain a fair and impartial tiral in the


District of Columbia. He posted [339 U.S 162, 165] this was mainly on the ground that


goverment employees, who take a large part of the Districts population, Executive


order 9835, 12 Fed. Reg. 1935 That provided standards for discharging on reasonable


grounds for belief that they are disloyal to the Goverment of United States. The


motion was denied. Attorney for petitioner questioned individually each member of the


panel who indicated that he was employed by the Goverment. He challenged for cause


all Goverment employees. It was denied. He exhausted all his peremptory challenges.


Seven of the twelve finally selected were Goverment employees. The petitioner,


Dennis was convicted of wilfully refusing to give testimony before the House


Committee on Um-American Activities. The evidence against him was very strong. But


no matter how strong the evidence was he had a constitutional right to have it passed


on by an impartial jury. Each juror asserted that he or she could vote for acquittal


without fear of adverse consequences. Under Executive Order 9835 vigorous demands


by the congressional committee which had initiated the prosecution of Dennis. Any of


these employees would lose his job if a “loyalty test” revealed “reasonable grounds”


for the belief that he was disloyal. The Affidavit asserted that committee members


“have stated openly on the floor of the House of Representatives that they demand a


presecution and convictions of, and the imposition of the maximum punishment on this


defendent. The number of potential jurors felt that dennis’s position as Secretary of


the Committee Party in this country would alone prevent their giving him a fair trial.


Goverment employees on the jury panel were interogated individually by the


petitioners counsel as to whether the fact that petitioner was communist. This was the


case.

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Название реферата: Dennis Vs United States Essay Research Paper

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