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DELEGATE J. CLARK (presiding):
The Chair recognizes Delegate Cardin.
DELEGATE CARDIN: Chairman Kiefer,
I am a little confused by two answers you
gave. The last one to Delegate Willoner is
the one that reversed an answer you had
given earlier.
Do you mean section 5 to apply to all
offenses, for example, traffic violations ?
Would then the individual have the right
to call for a jury trial in a traffic violation?
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: Let me ask my
experts what the present law is. Delegate
Bothe ?
DELEGATE J. CLARK (presiding):
Delegate Bothe.
DELEGATE BOTHE: The present law is
one can demand a jury trial in a traffic
case, and our intention was to keep the law
as it now is.
DELEGATE J. CLARK (presiding):
Delegate Cardin.
DELEGATE CARDIN: I was not aware,
but I am afraid that this could create some
havoc with our new four-tier court system.
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: I do not see how
that would be any different than what our
present court system is. If you are arrested
in a magistrate's court, you can always ask
for a trial by jury and then the case is
referred to the state's attorney and proper
action is taken.
DELEGATE J. CLARK (presiding):
Delegate Carson.
DELEGATE CARSON: Suppose, for ex-
ample, you are charged with a crime for
which there is no jail sentence, no incarcera-
tion whatsoever is available, but only a fine
of ten dollars. There is one such crime I
know of in this State, which I need not
mention. Do you have a right to a jury
trial in that instance mandated by the Con-
stitution ?
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: I am not about to
try to tell you what the criminal law now is.
This does not in any way change the right
to a trial by jury in criminal cases where
this is properly available.
I will defer to Delegate Bothe or Delegate
Willoner.
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DELEGATE J. CLARK (presiding):
Delegate Bothe.
DELEGATE BOTHE: If Delegate Wil-
loner is ever charged with that offense, he
would not want a jury trial, but he would
be entitled to it.
DELEGATE J. CLARK (presiding):
Delegate Carson.
DELEGATE CARSON: I still have not
received an answer. I am asking whether
this constitutional provision, with regard to
jury trial, gives the right for a jury trial
for a minor misdemeanor punishable by a
fine of ten dollars but no jail.
DELEGATE J. CLARK (presiding):
Delegate Bothe.
DELEGATE BOTHE: Mr. Carson, this
has been the law in Maryland from time
immemorial. I do not know when it started,
but I think with our first Constitution.
You may be aware that if a magistrate
neglects to advise, regardless of the nature
of the crime with which the accused is
charged, that he has a right to a jury trial,
whatever verdict results is reversible on
that ground alone.
In Baltimore City, where we substantially
have the four-tier system in effect with the
municipal courts that have no juries avail-
able and the circuit court, and so on through
the appellate levels, this circumstance has
never created any problem, and we have no
reason to contemplate that it will in the
future.
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: Delegate Carson,
let me say this to you. I have learned more
in the last three months about constitutional
law, criminal law, and various things re-
lated to this, but let me just read to you
Article 21 of the present Declaration of
Rights.
Incidentally, ladies and gentlemen, for
your convenience, these are attached as
Exhibit A to the Recommendation No. 1.
Exhibit B contains the first 14 amendments
of the federal Constitution. That is just
simply for your convenience in following
any discussions.
Article 21 says, "In all criminal prose-
cutions every man hath a right to be in-
formed of the accusation against him,
to have a copy of the indictment or
charge in due time if required to prepare
for his defense, to be allowed counsel, to
be confronted with witnesses against him,
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