United States v. Tiede, 86 F.R.D. 227 (U.S. Ct. for Berlin 1979)

Facts

  • Hans Detlef Alexander Tiede, a German citizen, and a co-defendant diverted a Polish LOT airliner and forced it to land at Tempelhof Airport in the U.S. sector of West Berlin.
  • U.S. military authorities arrested Tiede and prosecuted him in the United States Court for Berlin, a court created under U.S. occupation authority with criminal jurisdiction in the U.S. sector.
  • The prosecution charged Tiede with serious felonies under West German substantive criminal law as adopted for the sector; the proceedings were to follow American criminal procedure.
  • The court appointed American defense counsel for Tiede.
  • Before trial, Tiede moved for a jury trial.
  • The prosecution opposed the motion, contending the Constitution did not apply to the occupation court, aliens had no jury right there, and the matter was committed to the Executive as a political question, including an asserted State Department determination against providing juries.

Issues

  1. Whether the United States Constitution applies to criminal proceedings in the United States Court for Berlin, an occupation court sitting in West Berlin.
  2. Whether non-citizen “friendly aliens” prosecuted there for serious offenses have a constitutional right to a jury trial.
  3. Whether the applicability of constitutional protections in this setting is a nonjusticiable political question requiring judicial deference to an Executive determination that no jury be provided.

Decision

  • The court granted Tiede’s motion and ordered that the criminal case proceed to trial before a jury.
  • The court held that the Constitution constrained the criminal proceedings of the United States Court for Berlin.
  • The court held that “friendly aliens” prosecuted for serious offenses in that court were entitled to fundamental constitutional safeguards, including the right to trial by jury.
  • The court rejected the claim that constitutional applicability was a political question controlled by the Executive or the State Department.
  • When the United States elects to prosecute criminal charges through a court exercising U.S. authority, fundamental constitutional limits on criminal adjudication apply even if the court sits outside U.S. territory and is not an Article III court.
  • Constitutional criminal-procedure protections extend to “persons” subjected to U.S. criminal process, including non-citizen friendly aliens.
  • The Sixth Amendment jury-trial guarantee applies to “serious” criminal offenses tried in an American criminal court.
  • Determining whether constitutional protections govern a court’s criminal proceedings is a judicial function; executive foreign-policy preferences cannot direct a court to disregard constitutional requirements in adjudicating individual rights.

Conclusion

The United States Court for Berlin held that it was bound by the Constitution in criminal prosecutions and that friendly-alien defendants charged with serious felonies were entitled to a jury trial, rejecting Executive-branch claims that occupation or foreign-policy considerations could eliminate that right.