Wong Wing v. United States (1850)
- Docket
- 204
- Decided
- 1850-1900-
Summary
Question: Does penalty of imprisonment at hard labor and deportation without a jury trial constitute a violation of the Fifth and Sixth Amendments? Conclusion: Yes; consequently, the imprisonment provisions of the Act are void. Congress may deport without a jury trial, but imprisonment at hard labor is an infamous offense calling for judicial trial to establish the guilt of the accused. "It is not consistent with our theory of government that the legislature should, after having defined an offense as an infamous crime, find the fact of guilt and adjudge the punishment by one of its own agents."