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Florida Constitution Revision Commission

PUB 700292: Habeas Corpus, Jury Trial and Punishment. by Christopher Louis Licata III - Withdrawn by the Submitter

ARTICLE I: DECLARATION OF RIGHTS, Section 13. Habeas corpus.

SECTION 13. Habeas corpus.

The writ of habeas corpus shall be grantable of right, freely and without cost. It shall be returnable without delay, and shall never be suspended unless, in case of rebellion or invasion, suspension is essential to the public safety.

ARTICLE I: DECLARATION OF RIGHTS, Section 14. Pretrial release and detention.

SECTION 14. Pretrial release and detention.

Unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great, every person charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release on reasonable conditions. If no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained.

ARTICLE I: DECLARATION OF RIGHTS, Section 15. Prosecution for crime; offenses committed by children.

SECTION 15.

Prosecution for crime; offenses committed by children.

  1. No person shall be tried for capital crime without presentment or indictment by a grand jury, or for other felony without such presentment or indictment or an information under oath filed by the prosecuting officer of the court, except persons on active duty in the militia when tried by courts martial. Stated in new Section
  2. When authorized by law, a child as therein defined may be charged with a violation of law as an act of delinquency instead of crime and tried without a jury or other requirements applicable to criminal cases. Any child so charged shall, upon demand made as provided by law before a trial in a juvenile proceeding, be tried in an appropriate court as an adult. A child found delinquent shall be disciplined as provided by law.

ARTICLE I: DECLARATION OF RIGHTS, Section 16. Rights of accused and of victims.

SECTION 16.

Rights of accused and of victims.

  1. In all criminal prosecutions the accused shall, upon demand, be informed of the nature and cause of the accusation, and shall be furnished a copy of the charges, and shall have the right to have compulsory process for witnesses, to confront at trial adverse witnesses, to be heard in person, by counsel or both, and to have a speedy and public trial by impartial jury in the county where the crime was committed. If the county is not known, the indictment or information may charge venue in two or more counties conjunctively and proof that the crime was committed in that area shall be sufficient; but before pleading the accused may elect in which of those counties the trial will take place. Venue for prosecution of crimes committed beyond the boundaries of the state shall be fixed by law. Stated in new Section
  2. Victims of crime or their lawful representatives, including the next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused.

ARTICLE I: DECLARATION OF RIGHTS, Section 22. Trial by jury.

SECTION 22. Trial by jury.

The right of trial by jury shall be secure to all and remain inviolate. The qualifications and the number of jurors, not fewer than six, shall be fixed by law.

ARTICLE I: DECLARATION OF RIGHTS, New Section.

Catchline: Replacement of Sections 13 &14 Habeas Corpus

 

  1. The privilege of Habeas Corpus shall be preserved to all persons without cost; only suspended during times of rebellion or invasion. No person shall be held without charge. Any person may be charged: upon being issued a warrant signed by a Judge, that names the person or persons to be arrested, and listing crime or crimes he, she or they are accused of; or in any case when caught in the direct process of a crime. In either case, the accused upon arrest shall be informed of legal rights and confined for no longer than three days, during which time an arraignment hearing of three Judges shall occur.
  2. The arraignment hearing of three judges shall determine the accused person's plea and risk to the public safety and whether or not the accused would attempt to flee from justice between that time of arrest and the pending trial. Should two of the three Judges find a risk to exist, the court may then extended his or her confinement until trial; should no risk be found the accused shall be released on non-excessive bail or their own recognizance.

 

ARTICLE I: DECLARATION OF RIGHTS, New Section.

Catchline: Replacement of Sections 15a,16a and 22 Trial by Jury

 

  1. The accused whom have been arraigned but not indicted by a Grand Jury within ten days shall be automatically acquitted. Grand Jury shall consist of twenty-one peers from the level of government prosecuting. Should fifteen of the twenty-one jurors confirm the warrant just and indictment prudent, the accused shall then be under indictment and sent on to trial.  
  2. In all Criminal prosecutions the indicted shall have the right to; a public trial, by an impartial Jury of twelve peers from the level of government prosecuting, wherein the crime or crimes shall have been committed, to be informed of the nature and cause of the accusation; to be confronted with witnesses and or evidence against him or her; to have compulsory process for obtaining witnesses and or evidence in his or her favor, and to have the assistance of counsel for his or her defense.   
  3. All trials shall occur no sooner than twenty days and no later than ninety days after indictment. In suits at common law, the right of trial by Jury shall be preserved, and no fact tried by a Jury, shall be otherwise reexamined in any higher court, than according to the rules of common law.  
  4. In order duly convict an indicted person, three-fourths of the Jury must discover guilt beyond a reasonable doubt.
  5. The Jury shall have the power to nullify the case by three-fourths, for it is the conclusion of the Jury that in that case the accused is guilty but the law itself is unjust and the guilty shall be acquitted. For the law itself shall always be on trial with its offender; however this shall not be construed to repeal the law.
  6. The Jury and the acquitted while seeking justice shall be issued daily compensation from the level of government prosecuting. Every jury shall be informed of their duties as sitting in judgment of both law and fact at the beginning of every trial, and every juror shall be free from reprisals for action made in the performance of jury duty.

 

ARTICLE I: DECLARATION OF RIGHTS, New Section.

Catchline: New Section # Punishment and Restoration.

 

  1. The guilty of misdemeanor crimes shall not be subject to incarceration and hard labor but be sentence exclusively by a court of three Judges a non-excessive fine and or an amount of community service and in certain more heinous misdemeanors as determined by common law, be detained to a rehabilitation or correctional facility for no more than twenty-four months.   
  2. The guilty of felony crimes shall be sentenced exclusively by a court of three Judges, the sentence to be an amount of time to be incarcerated and labored, denied all rights and freedoms that are not required by federal law. The person shall become an involuntary servant of the State of Florida.  
  3. After the fulfillment of the sentence, the person shall be returned to society with all of his or her former rights fully restored. No further repercussion shall be imposed.