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Date: Tue, 09 Dec 1997 20:35:51 -0800
To: Jon Roland <jon.roland@the-spa.com>
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Volunteers needed to adapt amendments
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"
>
===========================================================================
Paul Andrew Mitchell, Sui Juris : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA; M.S.: Public Administration, U.C.Irvine 02
tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night 03
email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU 04
website: http://supremelaw.com : visit the Supreme Law Library now 05
ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best 06
Tucson, Arizona state : state zone, not the federal zone 07
Postal Zone 85719/tdc : USPS delays first class w/o this 08
_____________________________________: Law is authority in written words 09
As agents of the Most High, we came here to establish justice. We shall 10
not leave, until our mission is accomplished and justice reigns eternal. 11
======================================================================== 12
[This text formatted on-screen in Courier 11, non-proportional spacing.] 13
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