Time: Tue Dec 09 20:35:50 1997
To: Jon Roland <jon.roland@the-spa.com>
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Volunteers needed to adapt amendments
Cc: 
Bcc: sls
References: 

The People of the State of California
are the state legislators.

/s/ Paul Mitchell,
Candidate for Congress
http://supremelaw.com




At 07:22 PM 12/9/97 -0800, you wrote:
>Attached are a couple of initiatives drafted for California. I could use 
>some help adapting them to other states for proposed amendments in those 
>states. You will need to change things like article and section numbers, and 
>perhaps change the supporting paragraphs. We could also use, for those 
>states having voter initiatives, a cover letter like that attached, but 
>adapted to each state.
>
>--Jon
>
>===================================================================
>Constitution Society, 1731 Howe Av #370, Sacramento, CA 95825
>916/568-1022, 916/450-7941VM         Date: 12/09/97  Time: 19:22:22
>http://www.constitution.org/         mailto:jon.roland@the-spa.com
>===================================================================
>JURY REFORM AMENDMENTS
>
>SECTION 1. TITLE
>
>	This measure shall be known and may be cited as the Jury Reform
>Amendments.
>
>SECTION 2. PURPOSE AND INTENT
>
>	It is the intent of the people of the State of California in
>enacting this measure to correct certain defects in the Constitution of
>the State of California concerning juries.
>
>THEREFORE, THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
>
>SECTION 3. AMENDMENTS
>
>	Article 6, Section 13, is hereby amended to read as follows:
>
>	No judgment shall be set aside, or new trial granted, in any
>cause, on the ground of misdirection of the jury, or of the improper
>admission or rejection of evidence, or for any error as to any matter of
>pleading, or for any error as to any matter of procedure, unless, after
>an examination of the entire cause, including the evidence, the court
>shall be of the opinion that:
>
>	(a) The error complained of has resulted in a miscarriage of
>justice.
>
>	(b) In a jury trial of a criminal case, one or more of the
>following situations has occurred:
>
>		(1) The jury has not been informed of its power and duty
>to judge both the law and the facts in the case.
>
>		(2) The defense has been prevented from informing the
>jury of its power and duty to judge both the law and the facts in the
>case, or threatened or penalized in any way for doing so.
>
>		(3) The issues of law, including jurisdiction and
>constitutional compliance, other than minor procedural issues, have not
>been argued in the presence of the jury, and the jury has not been
>provided with at least one copy of all pleadings in the case, including
>amicus curiae briefs and proposed jury instructions from all parties,
>and a copy of the constitutions of the State of California and the
>United States and all applicable laws and precedents.
>
>		(4) The jury has not been afforded the opportunity to
>ask any questions they may have of any person, including any additional
>witnesses and evidence they may require.
>
>		(5) The jury has not been afforded the use of any
>documentation they may request, including the resources of an adequate
>law library, and competent assistance in their legal research.
>
>		(6) Any person has been excluded from the jury on the
>basis of his or her knowledge of the law, familiarity with legal reform
>advocacy literature, or involvement in legal reform advocacy activities.
>
>	(c) In a criminal case, with or without a jury, the prosecution
>has failed to prove that the court has jurisdiction.
>
>	Article 1, Section 23, is hereby amended to read as follows:
>
>	One or more grand juries shall be drawn and summoned at least
>once a year in each county, selected at random from among the residents
>of the county.
>
>	(a) Each grand jury shall consist of twenty-three (23) persons,
>who shall make all decisions by a majority vote of grand jurors present.
>
>	(b) The grand jury shall have sole authority to adopt their own
>rules of procedure, to select petitions to be considered, to include or
>exclude any person other than its members from any proceeding, to
>subpoena witnesses, to decide whether or not to disclose any part of its
>proceedings at any time, to decide where and when to meet, and to decide
>when to adjourn.
>
>	(c) The grand jury shall receive all petitions from any person
>directly, although court staff may sort and categorize petitions, and
>upon approval of the court, petitions may be appended with comments.
>
>	(d) The filing fee for petitions to the grand jury shall not
>exceed Fifty Dollars ($50), and the fee may be waived in forma
>pauperis..
>
>	(e) No person shall be tried for a crime the penalty for which
>may exceed incarceration for six months or a fine in excess of One
>Thousand Dollars ($1000) who has not been indicted by a grand jury. 
>
>SECTION 4. SEVERABILITY
>
>	If any provision of these amendments or their application to any
>person or circumstances is held invalid, that invalidity shall not
>affect other provisions or applications of these Amendments which can be
>given effect without the invalid provision or application, and to this
>end the provisions of these Amendments are severable.
>
>SECTION 5. RELATIONSHIP TO OTHER MEASURES
>
>	To the extent that any other measures on the same subject shall
>be on the ballot at the same election, it is the intent of the voters
>that this measure be deemed, to the maximum extent possible, not to be
>in conflict with such other measures, but rather that this measure
>should be harmonized with such other measures. For this purpose, the
>numbering of the provisions of these Amendments may be renumbered to
>achieve such harmonization.
>LEGAL REFORM AMENDMENTS
>
>SECTION 1. TITLE
>
>	This measure shall be known and may be cited as the Legal Reform
>Amendments.
>
>SECTION 2. PURPOSE AND INTENT
>
>	It is the intent of the people of the State of California in
>enacting this measure to correct certain defects in the Constitution of
>the State of California concerning legal rights and procedures.
>
>THEREFORE, THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
>
>SECTION 3. AMENDMENTS
>
>	Article 1, Section 13, is hereby amended to read as follows:
>
>	The right of the people to be secure in their persons, houses,
>papers, and effects against unreasonable seizures and searches may not
>be violated; and a warrant may not issue except on probable cause,
>supported by oath or affirmation, particularly describing the place to
>be searched and the persons and things to be seized.
>
>	(a) A warrant being served shall bear an original signature of a
>magistrate of competent jurisdiction, and such warrant shall be
>presented to any persons present for their examination before the search
>may proceed or seizure may remove the persons or things from the
>premises.
>
>	(b) All persons participating in the execution of a warrant must
>be identified and listed in writing in the warrant or an appendix
>thereto signed by the principal person authorized to execute the
>warrant, and they must carry appropriate identification, including
>badges, photo identification cards, or other visible insignia that can
>enable any witness to identify any of them who may abuse the rights of
>any person during the operation.
>
>	(c) There shall be a publicly published toll-free telephone
>number which any person may call at any time, day or night, and present
>an access code provided by the person executing the warrant, to verify
>the warrant and the identities of the persons authorized to execute it.
>Any person present must be permitted to call such telephone number to
>conduct such verification before the premises can be searched or the
>persons or things removed, unless no telephone service is available
>nearby.
>
>	(d) Any person involved in executing a warrant must take all
>reasonable precautions to avoid injury to any person, destruction of
>evidence, and damage to property, and shall be held personally liable
>for any injury, destruction, or damage that may occur, both civilly and
>criminally, for failure to exercise such precautions.
>
>	(e) Any person acting as an agent for a bail bondsman who
>attempts to detain a fugitive must carry a warrant for the arrest of
>that person and comply with all of the above provisions.
>
>	(f) No person shall be civilly or criminally prosecuted for
>resisting arrest, including the use of deadly force, or for any injury
>or property damage caused by such resistance, against any person
>executing a warrant who does not comply with the above provisions.
>
>	Article 1, Section 17, is hereby amended to read as follows:
>
>	Cruel or unusual punishment may not be inflicted or excessive
>fines imposed.
>
>	(a) Assets may not be forfeited but for payment of a specific
>fine, nor may assets be forfeited which have not been proven to belong
>exclusively to the person convicted of the crime, nor in excess of what
>may be reasonably expected to bring the amount of the fine in a public
>sale, and all proceeds in excess of the fine from such sale shall be
>refunded to the owner.
>
>	(b) Only a natural or corporate person may be the subject of a
>legal proceeding, and any such proceeding conducted under the guise of a
>"civil forfeiture" shall be reversed and the assets or compensation in
>the value of the assets refunded to the owner.
>
>	(c) Any assets seized and not forfeited shall be returned
>undamaged to the owner if the owner is not tried or convicted of a crime
>for which a fine is part of the sentence, and the owner shall be
>compensated for any loss or damage that may occur. Such compensation
>shall be paid out of the budget of the law enforcement agency which
>conducted the seizure, and the burden of proof shall rest on the State
>that any claim for compensation is without merit.
>
>	(d) All fines in excess of reasonable court costs shall go to
>the general fund and not to any agency involved in the seizure or
>arrest.
>
>	Article 6, Section 9, is hereby amended to read as follows:
>
>	No person shall be required to be a member of the State Bar of
>California to be permitted to practice law in the State of California,
>and all references to the State Bar of California in this Constitution
>are repealed and shall be deleted.
>
>	(a) Regulation and licensing of the practice of law shall be
>vested in a Legal Practice Commission, consisting of not less than five
>nor more than fifteen members, at least a majority of whom shall not be
>judges or attorneys in the practice of law, appointed by the Governor
>with the consent of the Senate, with vacancies to be filled by
>appointment by the Governor until the next session of the Legislature.
>
>	(b) Any person may practice law in the State of California who
>has passed a standard examination prescribed under the direction of the
>Judicial Council, or according to an Act of the Legislature, and whose
>right to practice has not been disabled by a ruling of the Legal
>Practice Commission on a petition and proof that the practitioner has
>committed a crime or other act of abuse, usurpation, negligence,
>incompetence, or violation of the regulations of the Legal Practice
>Commission.
>
>	(c) The Legislature shall have power to establish subordinate
>tribunals to handle petitions for disablement of the right to practice
>law, as may be required.
>
>	(d) Persons licensed or permitted to practice law in other
>states or territories of the United States may practice law in the State
>of California unless their right to do so is disabled as provided above.
>
>	Article 1, Section 32, is hereby added to the California
>Constitution to read:
>
>	No legislative or judicial authority may be delegated, and no
>executive authority may be delegated to any person not accountable to
>the people of California under this Constitution and acts of the
>Legislature pursuant thereto, and no executive decision adversely
>affecting any rights, privileges, immunities, or services available to
>residents of California shall be affected by or contingent upon any act
>of an official or agent of another state, territory, or nation, or of
>the national government.
>
>SECTION 4. SEVERABILITY
>
>	If any provision of these amendments or their application to any
>person or circumstances is held invalid, that invalidity shall not
>affect other provisions or applications of these Amendments which can be
>given effect without the invalid provision or application, and to this
>end the provisions of these Amendments are severable.
>
>SECTION 5. RELATIONSHIP TO OTHER MEASURES
>
>	To the extent that any other measures on the same subject shall
>be on the ballot at the same election, it is the intent of the voters
>that this measure be deemed, to the maximum extent possible, not to be
>in conflict with such other measures, but rather that this measure
>should be harmonized with such other measures. For this purpose, the
>numbering of the provisions of these Amendments may be renumbered to
>achieve such harmonization.
>
>
>Attachment Converted: "I:\ATTACH\cov_jury.wpd"
>
      


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