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PROPOSED CONSTITUTION OF 1968
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CONSTITUTION OF 1867
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or property without due process of law, nor
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Law of the Land, and ought to have
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be denied the equal protection of the laws,
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justice and right, freely without sale, fully
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nor be subject to discrimination by the State
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without any denial, and speedily without
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because of race, color, religion, or national
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delay, according to the Law of the Land.
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origin.
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Art. 20. That the trial of facts, where
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they arise, is one of the greatest securities
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of the lives, liberties and estate of the
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People.
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Art. 23. That no man ought to be taken
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or imprisoned or disseized of his freehold,
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liberties or privileges, or outlawed, or
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exiled, or, in any manner, destroyed, or
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deprived of his life, liberty or property,
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but by the judgment of his peers, or by the
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Law of the Land.
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Art. III, sec. 53. No person shall be
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incompetent, as a witness, on account of
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race or color, unless hereafter so declared
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by Act of the General Assembly.
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Section 1.04. Fair Treatment in Investiga-
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tions.
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No person shall be denied the right to fair
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and just treatment in any investigation con-
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ducted by the State or by any unit of local
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government, or by any of their departments
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or agencies.
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Section 1.05. Searches and Seizures.
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Art. 26. That all warrants, without oath
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The right of the people to be secure in
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or affirmation, to search suspected places,
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their persons, houses, papers, and effects
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or to seize any person or property, are
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against unreasonable searches, seizures, inter-
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grievous and oppressive; and all general
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ceptions of their communications, or other
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warrants to search suspected places, or to
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invasions of their privacy, shall not be violat-
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apprehend suspected persons, without nam-
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ed, and no warrants shall issue, but upon
probable cause, supported by oath or affir-
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ing or describing the place, or the person
in special, are illegal, and ought not to
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mation, and particularly describing the place
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be granted.
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to be searched and the persons or things to
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be seized, or the communications sought to
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be intercepted.
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Section 1.06. Grand Jury Indictment.
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No person shall be held to answer for a fe-
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lony unless on indictment of a grand jury,
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except in cases arising in the militia while in
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actual service.
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Section 1.07. Rights of Accused.
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Art. 21. That in all criminal prosecu-
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A person accused of crime shall have the
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tions, every man hath a right to be in-
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right to be informed of the nature and cause
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formed of the accusation against him; to
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of the accusation in time to prepare his de-
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have a copy of the Indictment, or charge,
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fense, to have the assistance of counsel for
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in due time (if required) to prepare for
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his defense, to be confronted with and to ex-
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his defence; to be allowed counsel; to be
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amine under oath or affirmation the
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confronted with the witnesses against him;
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witnesses against him, to have compulsory
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to have process for his witnesses; to examine
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process for obtaining witnesses, and to have a
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the witnesses for and against him on oath;
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