| We the People of the United States,
in Order to form a more perfect Union, establish Justice,
insure domestic Tranquility, provide for the common defence,
promote the general Welfare, and secure the Blessings of Liberty
to ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America. The
First Amendment:
Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging
the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the Government
for a redress of grievances.
The Second Amendment:
A well regulated Militia, being necessary to the security
of a free State, the right of the people to keep and bear
Arms, shall not be infringed.
The Fourth Amendment:
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the
persons or things to be seized.
The Fifth Amendment:
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of
a Grand Jury, except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time
of War or public danger; nor shall any person be subject
for the same offence to be twice put in jeopardy of life
or limb; nor shall be compelled in any criminal case to
be a witness against himself, nor be deprived of life, liberty,
or property, without due process of law; nor shall private
property be taken for public use, without just compensation.
The Sixth Amendment:
In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury
of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained
by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against
him; to have compulsory process for obtaining witnesses
in his favor, and to have the Assistance of Counsel for
his defence.
The Eight Amendment:
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
The Fourteenth Amendment:
Sec. 1. All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens of
the United States and of the State wherein they reside.
No State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty,
or property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the
laws...
California Constitution:
Article 1 Declaration of Rights
Sec. 13. The right
of the people to be secure in their persons, houses, papers,
and effects against unreasonable seizures and searches may
not be violated; and a warrant may not issue except on probable
cause, supported by oath or affirmation, particularly describing
the place to be searched and the persons and things to be
seized.
California Constitution:
Article 1 Declaration of Rights
Sec. 14. Felonies
shall be prosecuted as provided by law, either by indictment
or, after examination and commitment by a magistrate, by
information.
A person charged with a felony by complaint
subscribed under penalty of perjury and on file in a court
in the county where the felony is triable shall be taken
without unnecessary delay before a magistrate of that court.
The magistrate shall immediately give the defendant a copy
of the complaint, inform the defendant of the defendant's
right to counsel, allow the defendant a reasonable time
to send for counsel, and on the defendant's request read
the complaint to the defendant. On the defendant's request
the magistrate shall require a peace officer to transmit
within the county where the court is located a message to
counsel named by defendant.
A person unable to understand English
who is charged with a crime has a right to an interpreter
throughout the proceedings.
California Constitution:
Article 1 Declaration of Rights
Sec. 15. The defendant
in a criminal cause has the right to a speedy public trial,
to compel attendance of witnesses in the defendant's behalf,
to have the assistance of counsel for the defendant's defense,
to be personally present with counsel, and to be confronted
with the witnesses against the defendant. The Legislature
may provide for the deposition of a witness in the presence
of the defendant and the defendant's counsel.
Persons may not twice be put in jeopardy
for the same offense, be compelled in a criminal cause to
be a witness against themselves, or be deprived of life,
liberty, or property without due process of law.
California Constitution:
Article 1 Declaration of Rights
Sec. 16. Trial by
jury is an inviolate right and shall be secured to all,
but in a civil cause three-fourths of the jury may render
a verdict. A jury may be waived in a criminal cause by the
consent of both parties expressed in open court by the defendant
and the defendant's counsel. n a civil cause a jury may
be waived by the consent of the parties expressed as prescribed
by statute.
In civil causes the jury shall consist
of 12 persons or a lesser number agreed on by the parties
in open court. In civil causes other than causes within
the appellate jurisdiction of the court of appeal the Legislature
may provide that the jury shall consist of eight persons
or a lesser number agreed on by the parties in open court.
In criminal actions in which a felony
is charged, the jury shall consist of 12 persons. In criminal
actions in which a misdemeanor is charged, the jury shall
consist of 12 persons or a lesser number agreed on by the
parties in open court.
California Constitution:
Article 1 Declaration of Rights
Sec. 17. Cruel or
unusual punishment may not be inflicted or excessive fines
imposed.
Sec. 28. (e) Public
Safety Bail. A person may be released on bail by sufficient
sureties, except for capital crimes when the facts are evident
or the presumption great. Excessive bail may not be required.
In setting, reducing or denying bail, the judge or magistrate
shall take into consideration the protection of the public,
the seriousness of the offense charged, the previous criminal
record of the defendant, and the probability of his or her
appearing at the trial or hearing of the case. Public safety
shall be the primary consideration.
A person may be released on his or
her own recognizance in the court's discretion, subject
to the same factors considered in setting bail. However,
no person charged with the commission of any serious felony
shall be released on his or her own recognizance.
Before any person arrested for a serious
felony may be released on bail, a hearing may be held before
the magistrate or judge, and the prosecuting attorney shall
be given notice and reasonable opportunity to be heard on
the matter.
When a judge or magistrate grants or
denies bail or release on a person's own recognizance, the
reasons for that decision shall be stated in the record
and included in the court's minutes.
(f) Use of Prior Convictions. Any prior
felony conviction of any person in any criminal proceeding,
whether adult or juvenile, shall subsequently be used without
limitation for purposes of impeachment or enhancement of
sentence in any criminal proceeding. When a prior felony
conviction is an element of any felony offense, it shall
be proven to the trier of fact in open court. |
