147. DECISIONS OF JURIES In all criminal cases the decisions of a petit jury must be unanimous either to convict the accused or to release him from further prosecution for the same offense. If the jury cannot arrive at an agreement as above, they are said to disagree, and are discharged and the accused may be tried again under the same indictment or information. In federal courts the same rules apply to both civil and criminal cases and usually the same rules apply in civil cases in state courts, but in some states, as in South Dakota, three-fourths of the jury may reach a decision and render a verdict if the sum involved does not exceed one hundred dollars. 148. CRIMES By a capital crime is meant one which, upon conviction, therefor, is punishable by death. By an infamous crime is meant one which, upon conviction therefor, is punishable by imprisonment in the penitentiary or by death. Questions for Review and Research. 1. By what authority is the Supreme Court created? 2. All other United States Courts? 3. Can new courts be created? 4. *What is the meaning of the word judicial? 5. How many justices in the Supreme Court? 6. *Have we always had as many? 7. What is meant by the court having original jurisdiction? 8. Does each court have appellate jurisdiction? 9. Define appellate jurisdiction. 10. preme Court? What peculiar power has our Su11. 11. Into how many circuits has the territory of the United States been divided? 12. What class of judges presides in Circuit Courts of Appeal? 13. In District Courts? 14. What is the salary of circuit judges? 15. Of district judges? 16. What class of cases does the Commerce Court handle? 17. The Court of Claims? 18. Court of Customs Appeals? 19. Name some of the officers of a court. 20. What classes of cases do the national courts handle? 21. What is the work of a grand jury? 22. Of a petit jury? 23. Define a crime. 24. Define a misdemeanor. CHAPTER VIII. National Powers, Duties and Prohibitions. 149. TAXATION Every government, great or small, must have money to carry forward its activities. Congress is given power to lay and collect taxes. Taxation is the taking of a portion of a person's property by a government for use in supporting its activities. To compensate him for this loss, the government protects him in the possession and enjoyment of the remainder. It also protects him in the enjoyment of life, liberty, reputation, and freedom of worship and speech. Without the power of taxation, government soon fails, as did ours under the Articles of Confederation. Taxation by the national government is declared to be for the payment of the public debts, providing for the common defense and promoting the general welfare. There are two principal methods for raising revenues, known, respectively, as direct and indirect taxation. By direct taxation we mean the levying of a definite sum of money against a person or his property. By an indirect tax we mean a sum of money levied in such a way that the man who pays it does not pay it primarily as a tax, but pays it as part of the purchase price of some article. This is a very common tax and very easy to collect because of the manner of its payment. When you buy a package of chewing gum you pay a tax, for the manufacturer of the gum paid the tax |