8218      Version 1.000

California's shameful Section 24 erases our bill of rights completely.

Our California Constitution Article 1, Section 24 eradicates our state bill of rights. I need to research this amendment and tell the story of its passage. I think it was part of “Proposition __”, the “Victim’s Bill of Rights,” and, as such, is possibly unconstitutional as a violation of the rule against multiple subjects in one constitutional amendment.

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1009     Section 24 erases our california rights.

 The police/ prison lobby in California amended our Constitution to shackle our state courts and curtail the rights of citizens as follows:

“California Constitution amended. Article 1. Declaration of Rights. Section 24. [Curtailment of our Bill of Rights] Rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution. [This is a blatant patent lie; the rights are indeed dependent on the federal constitution. They can be no greater than the federal 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.”

Practical effect:

1 If the clauses can mean no more than the U.S. Bill of Rights then there is no need for two. Section 24 undercuts and eradicates the entire bill of rights!

2. This makes “Independent State Grounds” inapplicable in California.

Example: This permits police to rummage through our garbage here in California but not in Indiana or 21 other states. See the Litchfield case for the Indiana law and the 20 other states with Independent state grounds still living: Http://www.lawyerdude.netfirms.com/litch.html