1

right to jury trial in all civil cases involving $20 or

2

more, probably should not be incorporated.

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In addition, care should be taken, in flexible

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language and non-meticulous idiom such as found in and

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under the Federal Constitution, to take account of other

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personal and civil rights, such as the right against

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wiretapping, that are not yet contemplated by the

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Federal Constitution.

g

The Maryland Branch of the American Civil

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Liberties Union further takes the position that formu-

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lation of the new Declaration of Rights should avoid

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prolix detail, be cast in flexible language and contem-

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plate an important role for judicial implementation and

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interpretation. Thank you.

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THE CHAIRMAN: Professor Rosen, as to the

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provision on double jeopardy, would you suggest that the

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Bill of Rights embody the Federal standards of double

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jeopardy as it exists now? Do you feel generally there

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should be a specific provision involving double jeopardy?

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PROFESSOR ROSEN: I think the thrust of the

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ACLU's position is that initially the Bill of Rights, or