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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 9242   View pdf image (33K)
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9242

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(Whereupon, the motion was seconded.)
THE CHAIRMAN: The Chair recognizes Delegate
Dukes to speak to the motion.
DELEGATE DUKES: Mr. Chairman, I think I have
already stated the bulk of what I had to say. I reiterate
the principle very simply: If we believe that you are
not convicted until you have had a trial, then it seems
to me we must also believe that you shouldn't have to sit
in jail and cool your heels because some judge thinks you
might be guilty. Regardless of what the members of the
bench may say I suggest to you there is no other reason
that a judge keeps a man sitting in jail. There is one
possible other reason, and that is he thinks he is a bad
man for some other reason. Surely none of us would go so
far as to say that every man who happens to be accused of
a crime and the judge thinks he is a bad fellow and should
be kept off the street because of some other crime, that
he ought to be allowed to keep him in jail. That leaves
him accused. He stands before the bench and the judge
says, in my opinion, young man, although you won't be found
guilty until later, I think you probably are and if I let



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 9242   View pdf image (33K)
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