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- In reaching his conclusion that the United States Constitution extended the right to a jury trial to the defendants in this criminal proceeding, Judge Stern provides a review of authorities of great importance in international constitutional and criminal law.
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U.S. v. Tiede: 86 FRD 227 (U.S. Court of Berlin 1979) In this case, a criminal proceeding arising our of the alleged diversion of a Polish aircraft by the defendants from its scheduled landing in East Berlin to a forced landing in West Berlin, the United States exercised jurisdiction and convened the U.S. Court of Berlin to hear the matter.
During a 13-year tenure on the bench, Stern presided over a variety of civil and criminal cases. However, his judicial service is best remembered for the unique case of United States v. Tiede, an aircraft hijacking prosecution that was the sole case ever tried in the United States Court for Berlin, over which he was specially designated to ...
In a published opinion, United States v. Tiede, 86 F.R.D. 227 (D. Berlin 1979), Stern held that even though the case involved prosecution of German citizens in an unusual forum outside the United States, the defendants were still parties to an American criminal proceeding and entitled to the United States Constitution's guarantee of trial by jury.
The prosecution for the United States Sector for West Berlin (plaintiff) opposed the motion, arguing that Tiede had no right to a jury trial, that constitutional protections did not apply to Tiede because the territory was acquired by a military victory, that the issue involved a political question not subject to the court’s review, and that ...
In reaching his conclusion that the United States Constitution extended the right to a jury trial to the defendants in this criminal proceeding, Judge Stern provides a review of authorities of great importance in international constitutional and criminal law. OPINION BY: STERN, Judge [FN**]
UNITED STATES: COURT OF BERLIN DECISION IN UNITED STATES v. TIEDE AND RUS KB* (Hijacking of Polish Airliner; Jurisdiction of U.S. Court for Berlin; Application of U.S. Constitution) UNITED STATES COURT FOR BERLIN UNITED STATES, as the United States : Element, Allied Kommandatura, Berlin, Criminal Case No. 78-001: and v. Criminal Case No. 78-001A
Jan 7, 2011 · The result was the one and only decision rendered by the United States Court for Berlin, United States v. Tiede. From the beginning, Judge Herbert Jay Stern found himself fighting against the State Department, which wanted to limit the defendants' constitutional rights and generally run the trial for itself. In the decision, Stern held that the ...
