33 U.S.C. § 392 — Complaint and answer; jury trial

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in plain englishAI-generated · not legal advice

In a summary trial for these maritime offenses, the accused doesn't need a prior indictment. Instead, a written, sworn complaint is read to the accused, who can plead, answer, or make a counterstatement. The court decides the case summarily, unless the accused demands a jury trial when pleading.

At the summary trial of offenses against laws protecting people or property in commerce or navigation, the accused doesn't need to have been indicted beforehand. Instead, a written, sworn statement of complaint must be presented to the court, describing the offense clearly enough for the accused to understand it and respond. The complaint is read aloud to the accused, who may plead to it, answer it, or make a counterstatement. The trial then moves forward summarily, and the court decides the case — unless, at the time the accused would plead or answer, the accused instead demands a jury. In that case, the trial proceeds on the complaint and a plea of not guilty.

the actual law source: uscode.house.gov ↗public domain

At the summary trial of offenses against the laws for the protection of persons or property engaged in commerce or navigation, it shall not be necessary that the accused shall have been previously indicted, but a statement of complaint, verified by oath in writing, shall be presented to the court, setting out the offense in such manner as clearly to apprise the accused of the character of the offense complained of, and to enable him to answer the complaint. The complaint or statement shall be read to the accused, who may plead to or answer the same, or make a counterstatement. The trial shall thereupon be proceeded with in a summary manner, and the case shall be decided by the court, unless, at the time for pleading or answering, the accused shall demand a jury, in which case the trial shall be upon the complaint and plea of not guilty.

Source credit: (R.S. § 4301.)

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