Provisions
I.6 proposed for 1916 • Rights of accused in criminal cases; taking private property for public use.
REJECTED
The Text
Except in cases of impeachment, and in cases of militia when in actual service, and the land and naval forces in time of war, or which this state may keep with the consent of congress in time of peace, and in cases of petit larceny, under the regulation of the legislature, no person shall be held to answer for a capital or otherwise infamous crime unless on presentment or indictment of a grand jury. Any person may, however, in the manner prescribed by law after examination or commitment by a magistrate, waive indictment and trial by jury on a charge of felony punishable by not exceeding five years imprisonment, or of an indictable misdemeanor, all subsequent proceedings being had by information before a superior court of criminal jurisdiction or a judge or justice thereof. In any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions, and in any criminal case shall have the right to at least one appeal. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he 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 be denied the equal protection of the laws ; nor shall private property be taken for public use without just compensation.
A Few Facts
• Has 240 words
• Was proposed by the Constitutional Convention
• Went to NYS voters as proposed amendment 4 of 1915
If New Yorkers voted to approve this provision, it would have:
• Joined the Constitution in 1916
• Been in Article I: Civil rights
• Changed the text of a previously existing provision
• Amended or built on:
◦ 1895-I.6
Credits
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