Practice question
A congressional committee hears witnesses, permits short statements by several targets, and reports that they committed a crime. Congress then enacts a law sentencing those persons to prison without a judicial prosecution. Does the committee hearing supply the missing judicial trial?
- Yes, every legislative hearing is a criminal trial
- Yes, if the committee votes unanimously
- No; the legislative proceeding does not replace judicial determination of criminal guilt
- Yes, if the report is lengthy
- No, because Congress may never hold any investigative hearing
Legal references
- https://lawphil.net/consti/cons1987.html — Constitution, Article III section 22: prohibition of bills of attainder.
- https://lawphil.net/judjuris/juri1972/dec1972/gr_l_32613_14_1972.html — People v. Ferrer, G.R. L-32613–14, December 27, 1972, main decision: legislative punishment without judicial trial, ascertainable groups and conduct-based laws. Used for doctrine, not as a claim that repealed RA 1700 remains operative.
- https://lawphil.net/judjuris/juri2020/jan2020/gr_208162_2020.html — Fuertes v. Senate, G.R. 208162, January 7, 2020, main decision: judicial determination and rebuttable presumption distinguished from attainder.
Answer this question in flashcards to review your response and continue practicing.