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not one of those rights that forms the basis
of a society.
However, within these past few months
we have decided that this protection is one
of the rights that forms the basis of our
orderly society of Maryland.
This right against double jeopardy does
not, apart from this one subsection that
I propose to strike, depend upon the learn-
ing of the judge that sits before you, the
ability of the judge, the level of court, or
any of these other matters. The concept is
whether or not you are going to be put
twice in jeopardy in criminal punishment.
I suggest that recognizing the reason
for the concept, recognizing the reasons
that have compelled us to put this pro-
vision into this constitution, there is no
justification for delaying the enforcement
of this right.
This paragraph is part of the section
that has three paragraphs dealing with
three matters that we have decided upon.
Sub-sections A and C are delayed, and I
believe, for good reason — to give the Gen-
eral Assembly some time to determine
what the impact of these provisions will
be, and to prepare for that impact.
This reason for delay does not apply at
all to subsection B. I am quite sure it is
not contemplated that the General As-
sembly will do anything. It is not expected
to do anything. We are not trying to make
it do anything to prepare for the impact
of this change. Consequently, the reasons
applicable to the delay in the other rights
does not apply here.
Now, the State does not have a vested
right, either a property right or any other
kind of right in being able to subject peo-
ple to double jeopardy. Consequently, we
are not preserving any right of the State
by delaying the effectiveness of this pro-
vision.
Finally, I just want to read one sentence
from the report of the Committee on Per-
sonal Rights when it recommended that we
adopt this provision as part of our Bill of
Rights. The last sentence said: This rec-
ommendation is intended to terminate the
State's right of appeal from magistrate
courts.
I urge the Convention to do what the
Personal Rights Committee told us it
wanted to do, and to terminate it and ter-
minate it right away.
THE CHAIRMAN: Delegate Kiefer,
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DELEGATE KIEFER: Mr. Chairman,
I find myself agreeing with Delegate Cha-
bot, but perhaps not for the same reasons
that he has enumerated. Ithought he was
going to call our attention to the recent
statute which abolishes the right of the
State to appeal in these cases before the
justices of the peace in criminal matters,
but he did not. Nevertheless this is a fact.
The reason this is in here is only a matter
of clarity. It is not very important. The
statute which was passed in the last ses-
sion of the legislature and became effective
on June 1, eliminated appeals by the State
in criminal matters before the justices of
the peace, but it does not eliminate motor
vehicle cases. We did not know quite what
that meant. We felt that was still a
criminal matter. July 1, 1968, is when the
new constitution would take effect, so we
are not making any real changes.
I have no objection to it being taken out.
Maybe we were superabundantly careful.
It makes no great difference and I believe
that if the Committee of the Whole wants
to eliminate it, it could. We are just argu-
ing about specks.
THE CHAIRMAN: Delegate Hardwicke.
DELEGATE HARDWICKE: The Com-
mittee on Transitional Provisions has no
objection to this provision being eliminated.
THE CHAIRMAN: Is there further
discussion?
(There was no response.)
Are you ready for the question?
(Call for the question.)
The question arises on the adoption of
Amendment No. 2 to Committee Recom-
mendation GP-13.
A vote Aye is a vote in favor of Amend-
ment No. 2. A No is a vote against.
Cast your votes.
Has every delegate voted? Docs any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 104 votes in the affirmative
and none in the negative, the motion is
carried. The amendment is adopted.
Delegate Johnson, do you desire to offer
your Amendment J?
DELEGATE JOHNSON: The mood
seems to have shifted, Mr. President. Yes,
I do.
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