Simmons v. United States

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Simmons v. United States
Seal of the United States Supreme Court.svg
Argued February 2, 1955
Decided March 14, 1955
Full case nameSimmons v. United States
Citations348 U.S. 397 ( more )
75 S. Ct. 397; 99 L. Ed. 453; 1955 U.S. LEXIS 1080
Prior historyUnited States v. Simmons, 213 F.2d 901 (7th Cir. 1954); cert. granted, 348 U.S. 812(1954).
Holding
The failure of the Department of Justice to furnish petitioner Simmons with a fair resume of all adverse information in the FBI report deprived him of the "hearing" provided by the Universal Military Training and Service Act. Conviction, and Seventh Circuit, reversed.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black  · Stanley F. Reed
Felix Frankfurter  · William O. Douglas
Harold H. Burton  · Tom C. Clark
Sherman Minton
Case opinions
MajorityClark, joined by Black and Douglas
DissentReed
DissentMinton
Laws applied
Universal Military Training and Service Act

Simmons v. United States, 348 U.S. 397 (1955), was a case in which the Supreme Court of the United States ruled that a Jehovah's Witness was denied fair hearing because of failure to supply him with materials in his record.

Supreme Court of the United States highest court in the United States

The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about 100–150 of the more than 7,000 cases that it is asked to review.

Contents

Background

Petitioner Simmons registered in the Selective Service System in 1948 and was employed as a chauffeur at the Great Lakes Naval Training Center. He was classified 1-A. Simmons married in 1949 and received a dependency deferment which lasted from 1951 through 1955, at which point he was again classified 1-A. During his deferment, Simmons became an ordained minister of the Jehovah's Witnesses and filed the special form for conscientious objectors, claiming exception from both combatant and non-combatant service. He appeared in person before his local board seeking exemption as a minister, but the board maintained his 1-A classification and, after an unsuccessful appeal, referred the case to the Department of Justice.

Selective Service System US federal government agency that maintains information on those potentially subject to military conscription

The Selective Service System is an independent agency of the United States government that maintains information on those potentially subject to military conscription. All U.S. citizens and immigrant non-citizens, who were born male, between the ages of 18 and 25 are required by law to have registered within 30 days of their 18th birthdays, and must notify Selective Service within ten days of any changes to any of the information they provided on their registration cards, such as a change of address. In practice, the selective service system has minimal practical effect today since the U.S. military operates on a volunteer basis. Nevertheless, it is seen as a contingency mechanism for the possibility that conscription someday becomes necessary again.

Jehovahs Witnesses Christian denomination

Jehovah's Witnesses is a millenarian restorationist Christian denomination with nontrinitarian beliefs distinct from mainstream Christianity. The group reports a worldwide membership of approximately 8.58 million adherents involved in evangelism and an annual Memorial attendance of over 20 million. Jehovah's Witnesses are directed by the Governing Body of Jehovah's Witnesses, a group of elders in Warwick, New York, which establishes all doctrines based on its interpretations of the Bible. They believe that the destruction of the present world system at Armageddon is imminent, and that the establishment of God's kingdom over the earth is the only solution for all problems faced by humanity.

Following an investigation by the FBI, Simmons appeared at another hearing. While no notice for the hearing existed, similar forms used at the time state that the hearing officer would advise the registrant "as to the general nature and character" of adverse evidence in the FBI report if that information was requested. Evidence for this request was never found from before the hearing, but the request was made at the hearing. The hearing officer recommended that Simmons remain classified 1-A because his religious activities coincided with pressure from the draft board.

Federal Bureau of Investigation governmental agency belonging to the United States Department of Justice

The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States, and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, the FBI is also a member of the U.S. Intelligence Community and reports to both the Attorney General and the Director of National Intelligence. A leading U.S. counter-terrorism, counterintelligence, and criminal investigative organization, the FBI has jurisdiction over violations of more than 200 categories of federal crimes.

In appealing to an Appeal Board, the Department of Justice adopted the recommendation of the hearing officer because of the timing of Simmons' religious activities and alleged abuse toward his wife (evidence for which was presumably gathered by the FBI). The Appeal Board continued the 1-A classification, but Simmons refused to submit to induction and prosecution followed. Simmons claimed he had not been given a fair summary of the FBI report and secured a subpoena duces tecum requiring production of the report. The subpoena was quashed on motion of the government, Simmons was convicted, and the Seventh Circuit affirmed.

United States Department of Justice U.S. federal executive department in charge of law enforcement

The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the U.S. government, responsible for the enforcement of the law and administration of justice in the United States, equivalent to the justice or interior ministries of other countries. The department was formed in 1870 during the Ulysses S. Grant administration.

A subpoena duces tecum, or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.

United States Court of Appeals for the Seventh Circuit

The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:

Opinion

Justice Clark delivered the opinion of the Court.

Section 6(j) of the Universal Military Training and Service Act provides that the Department of Justice must hold a hearing "with respect to the character and good faith" of any claimed conscientious objections. In a prior case ( United States v. Nugent , 346 U.S. 1 (1953)), relying on the availability of a summary of reports, the Court held that the Department satisfies its duties "when it accords a fair opportunity to the registrant to speak his piece before an impartial hearing officer; when it permits him to produce all relevant evidence in his own behalf and at the same time supplies him with a fair resume of any adverse evidence in the investigator's report." This is viewed as an essential element in the processing of conscientious objector claims, not a matter of grace within the Department's discretion.

<i>United States Reports</i> official record of the rulings, orders, case tables, and other proceedings of the Supreme Court of the United States

The United States Reports are the official record of the rulings, orders, case tables, in alphabetical order both by the name of the petitioner and by the name of the respondent, and other proceedings of the Supreme Court of the United States. United States Reports, once printed and bound, are the final version of court opinions and cannot be changed. Opinions of the court in each case are prepended with a headnote prepared by the Reporter of Decisions, and any concurring or dissenting opinions are published sequentially. The Court's Publication Office oversees the binding and publication of the volumes of United States Reports, although the actual printing, binding, and publication are performed by private firms under contract with the United States Government Publishing Office.

Dissents

Though no formal dissent can be found, it is noted at the end of the opinion that Justice Reed would affirm the judgement of the Seventh Circuit on the grounds that no such summary was requested (by the petitioner) and, because of that, it was not necessary to furnish more to the registrant than was given by the hearing officer.

Stanley Forman Reed American judge

Stanley Forman Reed was a noted American attorney who served as United States Solicitor General from 1935 to 1938 and as an Associate Justice of the U.S. Supreme Court from 1938 to 1957.

Justice Minton also dissented, arguing that even if a fair resume from the FBI was denied, it was not done arbitrarily and that the judgement of the board in doing so was, though erroneous, certainly allowable.

See also

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References