California Constitution Article I § 24 – Rights guaranteed by this Constitution Article I § are not dependent on those …
Terms Used In California Constitution Article I § 24 - Rights guaranteed by this Constitution Article I § are not dependent on those ...
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dependent: A person dependent for support upon another.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution.
In criminal cases the rights of a defendant to equal protection of the laws, to due process of law, to the assistance of counsel, to be personally present with counsel, to a speedy and public trial, to compel the attendance of witnesses, to confront the witnesses against him or her, to be free from unreasonable searches and seizures, to privacy, to not be compelled to be a witness against himself or herself, to not be placed twice in jeopardy for the same offense, and to not suffer the imposition of cruel or unusual punishment, shall be construed by the courts of this State in a manner consistent with the Constitution of the United States. This Constitution shall not be construed by the courts to afford greater rights to criminal defendants than those afforded by the Constitution of the United States, nor shall it be construed to afford greater rights to minors in juvenile proceedings on criminal causes than those afforded by the Constitution of the United States.
This declaration of rights may not be construed to impair or deny others retained by the people.
(Sec. 24 amended June 5, 1990, by Prop. 115. Initiative measure.)