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Volume 664, Page 123   View pdf image (33K)
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COMPARISON OF CONSTITUTIONS

PROPOSED CONSTITUTION OF 1968

CONSTITUTION OF 1867


ceedings in such suit, or action, issue, pre-


sentment or indictment may be so trans-


mitted shall hear and determine the same


in like manner as if such suit or action,


issue, presentment or indictment had been


originally instituted therein, and the Gen-


eral Assembly shall make such modification


of existing law as may be necessary to


regulate and give force to this provision.

Section 1.09. Self-incrimination.

Art. 22. That no man ought to be

No person shall be compelled in any crim-

compelled to give evidence against himself

inal case to be a witness against himself.

in a criminal case.



Section 1.10. Double Jeopardy.


No person shall be twice put in jeopardy


of criminal punishment for the same offense.


Section 1.11. Unusual Punishments.

Art. 16. That sanguinary Laws ought

Excessive bail shall not be required, nor

to be avoided as far as it is consistent

excessive fines imposed, nor cruel and un-

with the safety of the State; and no Law

usual punishments inflicted. Conviction of

to inflict cruel and unusual pains and

crime shall not work corruption of blood or

penalties ought to be made in any case,

forfeiture of estate.

or at any time, hereafter.


Art. 25. That excessive bail ought not


to be required, nor excessive fines imposed,


nor cruel or unusual punishment inflicted,


by the Courts of Law.


Art. 27. That no conviction shall work


corruption of blood or forfeiture of estate.

Section 1.12. Imprisonment for Debt.

Art. III, sec. 38. No person shall be

No person shall be imprisoned for debt,

imprisoned for debt, but a valid decree of

but an obligation for the support of a de-

a court of competent jurisdiction or agree-

pendent, or for alimony, created by a valid

ment approved by decree of said court for

decree of a court or created by an agreement

the support of a wife or dependent chil-

approved by decree of a court shall not con-

dren, or for the support of an illegitimate

stitute a debt within the meaning of this sec-

child or children, or for alimony, shall not

tion.

constitute a debt within the meaning of


this section.

Section 1.13. Jury Trial in Civil Cases.

Art. 5. That the Inhabitants of Mary-

Every person shall have the right of trial

land are entitled to the Common Law of

by jury of all issues of fact in civil proceed-

England, and the trial by Jury, according

ings at law in the courts of this State where

to the course of that Law, and to the

the amount or value in controversy exceeds

benefit of such of the English Statutes as

the minimum that the General Assembly

existed on the Fourth day of July, seven-

may prescribe by law. The jury shall consist

teen hundred and severity-six; and which,

of twelve, except that the General Assembly

by experience, have been found applicable

may provide by law for a jury of not less

to their local and other circumstances, and

than six nor more than twelve in the District

have been introduced, used and practiced

Court. A unanimous decision of the jury

by the Courts of Law or Equity; and also

shall be required to constitute its verdict.

of all Acts of Assembly in force on the


first day of June, eighteen hundred and


sixty-seven; except such as may have since


expired, or may be inconsistent with the

123


 

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