The Succinct U.S. 6th Amendment versus California's Article 1 Section 14 , 29, and 30

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US Constitution - 6th Amendment: 

In all criminal prosecutions-

 the accused shall enjoy the right to a speedy and public trial, 

  • by an impartial jury of the State
  • and district wherein the crime shall have been committed, 
  • which district shall have been previously ascertained by law,
  • and to be informed of the nature and cause of the accusation; 
  • to be confronted with the witnesses against him; 
  • to have compulsory process for obtaining witnesses in his favor, 
  • and to have the Assistance of Counsel for his defence.

California's original constitution was drafted in both English and Spanish and adopted in 1849 at the Constitutional Convention of Monterey.  California has the distinction of having the eighth longest Constitution in the world. Compared to the U.S. Constitution  which is 4,400 words in length. It is the 10th Amendment of the U.S. Constitution which hands off authority to the states. The California Constitution has been amended over 516 times.

The Preamble to the California Constitution states:

"We, the People of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution."

California Constitution 
Article I - Declaration of Rights

Section 14 

Felonies shall be prosecuted as provided by law, 

  • either by indictment or, 
  • after examination and commitment by a magistrate, by information.
  • A person charged with a felony by complaint 
    • subscribed under penalty of perjury and
    • on file in a court in the county where the felony is triable
    • shall be taken without unnecessary delay before a magistrate of that court.
  • The magistrate shall immediately 
    • give the defendant a copy of the complaint,
    • inform the defendant of the defendant's right to counsel, 
    • allow the defendant a reasonable time to send for counsel, 
    • and on the defendant's request read the complaint to the defendant. 
  • On the defendant's request the magistrate shall require a peace officer to transmit within the county where the court is located a message to counsel named by defendant. 
  • A person unable to understand English who is charged with a crime has a right to an interpreter throughout the proceedings

Section 29

CA Constitution art I § 29 

In a criminal case, the people of the State of California have the right to due process of law and to a speedy and public trial.

(Sec. 29 added June 5, 1990, by Prop. 115. Initiative measure.)


Section 30

CA Constitution art I § 30 

(a) This Constitution shall not be construed by the courts to prohibit the joining of criminal cases as prescribed by the Legislature or by the people through the initiative process.

(b) In order to protect victims and witnesses in criminal cases, hearsay evidence shall be admissible at preliminary hearings, as prescribed by the Legislature or by the people through the initiative process.

(c) In order to provide for fair and speedy trials, discovery in criminal cases shall be reciprocal in nature, as prescribed by the Legislature or by the people through the initiative process.

(Sec. 30 added June 5, 1990, by Prop. 115. Initiative measure)

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