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CONSTITUTION OF 1867
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PROPOSED CONSTITUTION OF 1968
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criminal, are oppressive, unjust and incom-
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shall be enacted.
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patible with liberty: wherefore, no ex post
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facto Law ought to be made; nor any
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retrospective oath or restriction be imposed,
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or required.
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Art. 18. That no Law to attaint par-
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ticular persons of treason or felony, ought
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to be made in any case, or at any time,
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hereafter. >
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Art. 19. That every man, for any in-
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Section 1.03. Due Process and Equal Protec-
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jury done to him in his person or property,
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tion.
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ought to have remedy by the course of the
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No person shall be deprived of life, liberty,
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Law of the Land, and ought to have
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or property without due process of law, nor
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justice and right, freely without sale, fully
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be denied the equal protection of the laws,
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without any denial, and speedily without
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nor be subject to discrimination by the State
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delay, according to the Law of the Land.
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because of race, color, religion, or national
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Art. 20. That the trial of facts, where
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origin.
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they arise, is one of the greatest securities
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Section 1.04. Fair Treatment in Investiga-
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of the lives, liberties and estate of the
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tions.
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People.
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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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Art. 21, That in all criminal prosecu-
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Section 1.07. Rights of Accused.
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tions, every man hath a right to be in-
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A person accused of crime shall have the
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formed of the accusation against him; to
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right to be informed of the nature and cause
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have a copy of the Indictment, or charge,
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of the accusation in time to prepare his de-
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in due time (if required) to prepare for
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fense, to have the assistance of counsel for
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his defence; to be allowed counsel; to be
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his defense, to be confronted with and to ex-
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confronted with the witnesses against him;
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amine under oath or affirmation the
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to have process for his witnesses; to examine
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witnesses against 'him, to have compulsory
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the witnesses for and against him on oath;
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process for obtaining witnesses, and to have a
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and to a speedy trial by an impartial jury,
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speedy and public trial by an impartial jury
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without whose unanimous consent he ought
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of twelve without whose unanimous consent
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not to be found guilty.
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he shall not be adjudged guilty.
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Art. 22. That no man ought to be
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Section 1.09. Self-incrimination,
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compelled to give evidence against himself
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No person shall be compelled in any crim-
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in a criminal case.
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inal case to be a witness against himself.
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Art. 23. That no man ought to be taken
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See Section 1.0), Due Process and Equal Pro-
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or imprisoned or disseized of his freehold,
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tection, p. 5; Section 1.07, Rights of Ac-
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liberties or privileges, or outlawed, or
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cused, p. 5; Section 1.13, Jury Trial in Civil
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exiled, or, in any manner, destroyed, or
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Cases, p. 1.
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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. 24. That Slavery shall not be re-
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established in this State; but having been
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abolished under the policy and authority
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of the United States, compensation, in
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