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Glasser v. United States : ウィキペディア英語版
Glasser v. United States

''Glasser v. United States'', 315 U.S. 60 (1942), is a landmark U.S. Supreme Court decision on two issues of constitutional criminal procedure. ''Glasser'' was the first Supreme Court decision to hold that the Assistance of Counsel Clause of the Sixth Amendment required the reversal of a criminal defendant's conviction if his lawyer's representation of him was limited by a conflict of interest.
Further, ''Glasser'' held that the exclusion of women (other than members of the League of Women Voters who had taken a jury training class) from the jury pool violated both the Impartial Jury Clause of the Sixth Amendment, but declined to reverse the other two convictions on this ground for technical reasons. ''Glasser'' is the first majority opinion of the Court to use the phrase "cross-section of the community."〔〔 ''Glasser'' was also the first jury discrimination case to invoke the Sixth Amendment (rather than Equal Protection Clause of the Fourteenth Amendment).〔
The facts of ''Glasser'' were unusual as well. According to a contemporary ''Chicago Tribune'' article, it was "the first time federal employees here have been charged with tampering with federal court justice."〔 The five-week trial involved more than 100 witnesses, more than 4,000 transcript pages of testimony and argument, and 228 exhibits.〔''Jury Ponders Fate of Five in 'Fix Ring' Case'', , Mar. 8, 1940, at 12.〕
==Background==
All of the Court's prior jury pool discrimination cases had involved the exclusion of African-Americans and been litigated under the Fourteenth Amendment's Equal Protection Clause. The Court had come the closest to articulating a "fair cross-section of the community" doctrine in ''Smith v. Texas'' (1940). There, the Court stated: "It is part of the established tradition in the use of juries as instruments of public justice that the jury be a body ''truly representative of the community''."〔Smith v. Texas, 311 U.S. 128, 130 (1940) (emphasis added).〕
Daniel D. Glasser and Norton I. Kretske were Assistant United States Attorneys in the Northern District of Illinois, specializing in liquor and revenue offenses.〔 Glasser and Kretske solicited bribes from defendants under indictment, or soon to be indicted.〔''Glasser'', 315 U.S. at 64.〕 Glasser and six other assistants resigned on April 7, 1939, during the tenure of U.S. Attorney William Joseph Campbell.〔''Daniel Glasser, Assistant U.S. Attorney Quits'', , Apr. 8, 1939, at 20.〕 According to Campbell: "Mr. Glasser has the best record of convictions of any one in this office and his conviction record in alcohol cases is the best in the entire country. Since I have been in office, Mr. Glasser has prosecuted ninety-nine cases and lost only one. He hasn't lost a jury case in three and a half years."〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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