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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10079   View pdf image (33K)
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10,079

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Kiefer rise?

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DELEGATE KIEFER: For a point of clarification.

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Our research indicated that there are in Maryland

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while the — this language exactly parallels the Fifth

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Amendment language and while Maryland cases defining infamous

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crimes are not exactly the same as federal crimes , as

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far as we have been able to determine, there are no felonies

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in Maryland that are not infamous crimes and there are

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serious other misdemeanors which have been classified

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as infamous crimes. Therefore, this is a little bit more

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broad in granting a right.

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On the other hand, under the federal rules and

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under Maryland rules, there is always a right of waiver,

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so that we are not doing anything but giving a person

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a right to be indicted by a grand jury in situations that

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parallel, we think, what the common law was, but which

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we felt ought to be put in now because thecommon law may

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not be as clearly stated because of what we are doing in the

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way of eliminating some of the present declaration of

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rights .

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DELEGATE JAMES: Delegate Marion?

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10079   View pdf image (33K)
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