Why Government Destroyed Jury Powers and How to Restore Them

Introduction to Destruction of Jury Powers in Florida

The destruction of jury powers and the citizen’s power of private prosecution of criminals began in Florida with the dumbing down of the electorate after the Civil War. I personally consider the cause of that destruction as the liberation of Negroes and granting to them of equal rights as well as suffrage that would entitle them to sit on juries.

Modern political correctness dictates that I should never make such statements that seem to insult Negroes, but I insist on an honest discussion of the matter for the purpose of devising a solution that will restore jury powers.

I shall not attempt to prove that our republic’s governments constitute a monumental example of destruction of constitutional ideals through refusal to enforce the Bill of rights, through porous borders, deficit budgets, growing national debt, incessant no-win foreign wars, invitations to saboteur and terrorist refugees to settle in our nation, and massive election fraud, to name just a few problems. I consider those truths as self-evident. But I do assert that those government problem exists because of an array of problems with the electorate that descend from terrible (not just bad) parenting, including procreation out of wedlock, procreation by ignorant, irresponsible, and stupid parents, terrible education and training of children at home, and utter paucity of spousal training for people intending to cohabit or marry.

Let me share my perspective with you about a serious aspect of this problem: our petite and grand jury systems.

I discovered from a study of the Florida constitutions since the first one in 1838, nearly a decade after the publication of the first Florida Statutes in 1829 when Florida was a mere territory (1821, after Stonewall Jackson virtually stole Florida from Spain and England), an evolution in jury powers, not by proscription, but by mere mention.

Why this change? Because of the liberation of and suffrage by Negroes, to begin with, and it has become worse over the years. Arguably the justification for emasculating juries intensified with the 19th, and even more greatly the 26th Amendments, which granted suffrage to women and children over 18 respectively. You might even argue that the 13th, 14th, 15th, 19th, and 26th Amendments dumbed down the electorate so severely that nobody in his right mind in government could possibly allow juries to have the powers to protect the colossal increase in criminals the nation has suffered since the civil war.

How did those Amendments dumb down the electorate?

The average IQ of US Negroes today is around 85, the level needed to graduate from a normal 1960’s era high school. That means one half of them lack the cognitive ability to graduate. I imagine, but have no statistics to prove it, that Negroes at the time of the Civil War 150 years ago had a lower IQ, owing somewhat to poorer diets, poorer education, but mostly to limited miscegenation with Caucasians and other races, compared to today’s willy-nilly miscegenation. Now US Negroes are about 18% Caucasian. I don’t know the percentage 150 years ago. But I do know that the majority of productive Caucasians considered Negroes generally as stupid people, and that opinion, memorialized in TV shows like Amos and Andy, remained true when I was a child in the early 1950’s.

Take note that the US today contains about 80 million people warranting the appellation of “stupid” (IQ below 85) – 33 million Caucasians, 22 million Negroes, and 25 million Hispanics. The stupid comprise 25% of the population. That would not seem like too much of a problem in government, but unfortunately, most of them older than 18 can vote. That causes a huge problem because they can sit on juries, work in government, and help elect charlatans and fools to public office.

Prior to the Civil War, states limited suffrage to free Caucasian men of means. So, stupid people simply did not get the right to vote. After the Civil War, the 15the Amendment gave Negro men voting rights, albeit many states encumber voters with poll tax and other means of preventing Negroes from voting. But NONE of those measures prevented them from sitting on juries.

This, of course, bothered the Caucasians in government immensely. They could visualize Negroes on juries liberating fellow Negroes prosecuted for crimes just because of the defendant’s race, and without regard to evidence of guilt. And that would encourage more crime by Negroes. It must have driven the Caucasians crazy to contemplate such an outrage. We saw an example of such outrage in the OJ Simpson trial where Negro and other jurors embraced Johnny Cochran’s phony and simplistic “If it doesn’t fit you have to acquit” aphorism. Another jury in a civil trial determined that OJ has slaughtered his former wife and her boyfriend.

Foreseeing just such insanity as the acquittal of OJ Simpson, the powerful in Florida’s post-Civil-War government devised ways of stripping juries of their powers in order to minimize such predictable anomalies as the OJ Simpson acquittal. They changed the Florida Constitution’s language regarding petit and grand juries. They removed the petit jury’s power to judge the law, they removed the grand jury’s power to control overaggressive prosecution of non-capital felonies, and they gave much more power to prosecutors outside the reach of grand juries.

As a consequence, the grand jury has become severely hamstrung in protecting the citizenry against outrageous attacks and rights deprivations by government operatives. Bailiffs and the State Attorney stand guard over the jury room to both protect jurors and to prevent the citizens from presenting evidence of crimes, especially government operative crimes, to the jurors.

Back to the question of how the amendments dumbed down the electorate…

The 19th Amendment finally gave suffrage to women in August 1920, 41 years after Senator Sargent introduced it to Congress in 1878. The women argued that they have intelligence roughly equal to men’s. But the vast majority of women lived in subservience to men, particularly husbands, and few worked in professions or had much interest in politics. Their main interests had to do with owning and controlling their own real estate and money, and in relief from abusive or drunken husbands who beat them or squandered family money on boozing and gambling. But I believe that granting them voting rights effectively dumbed down the electorate because government imposed no measure of responsibility on them. And the huge female support for Socialist power brokers Barack Obama and Hillary Clinton underscore the validity of that concern.

The 26th Amendment gave suffrage to children over 18 in March 1971, based on the theory that if 18-year-olds could go to war and die in service of the nation, at least they should have the right to vote against such a terrible fate. I suppose Congress did not think it relevant that children’s brains have not become fully formed till age 25, that actuarial statistics prove conclusively that people under 25 cause the bulk of automobile accidents, presumably because of their impulsiveness, inexperience generally with life’s viscissitudes – in a word, their immaturity. Furthermore, they neglected to note that young people in the military have mature, higher ranking officers and non-commissioned officers figuratively standing on their necks to keep them in order 24/7. That impulsiveness and immaturity makes children under 21 BAD voters.

Solution

I personally want to see the Florida Constitution restore those old powers of juries to judge law as well as fact and to control prosecution of ALL felonies. I also want the Constitution to make it easier for citizens confidentially to present evidence of crimes to grand jurors without interference by bailiffs or state attorneys.

At the same time, I want the constitution to establish standards for suffrage in addition to those that presently exist. Electors and government employees should, without exception, should read and write English with high school graduate efficiency, know the constitutions of the US and the State fairly well, have a high school diploma, live financially self-sufficiently alone or within a family unit, and not subsist on government welfare. These requirements will restore integrity to the electorate and government. The best way to enforce those requirements: require all who would swear an oath to support the constitutions first to answer correctly 80 out of 100 constitution competency test questions in a formal examination. High school graduation should require it.

I personally believe the Constitution should require a minimum of 2 years of active military service and 2 years of part time militia service prior to registration as a voter. The Constitution should proscribe suffrage to people under 25 years of age, aliens, felons, mental incompetents, the stupid, welfare recipients, people who cannot pass the constitution competency test as above, people who have not graduated from high school, people who cannot read and write English with high school graduate proficiency, and people who are not financially self-sufficient.

As an alternative to such high standards for any kind of suffrage, those who don’t qualify to vote might enjoy suffrage with 1/100 or 1/1000 of a vote, and those who do qualify might have 1 vote, 10 votes, or 100 votes, depending on their advancements financially, educationally, artistically, or professionally. Such scaling of suffrage gives the incentive of greater electoral influence to those who contribute more to an advanced civilization.

As to the terrible prices the USA and its productive people pay for having 25% of the population in the incurable condition of stupidity (crime, welfare abuse, infrastructure burdens, lost productivity, government pandering)… it should become a crime to infect an innocent baby with the lifelong debilitating disease of stupidity. Governments should deal with that the same way they deal with car/truck crash fatalities – prevent it by requiring preventive measures (like seat belts that prevent many injuries from crashes). This prevention will eventually dramatically reduce the percentage of stupid people in the population. After all, only the stupid don’t know that stupidity nearly always has a genetic cause, and contraception in prospective stupid parents, by any necessary means, constitutes the only feasible prevention.

Bottom line, prudent people in government will not let the feckless destroy the functioning of their machinery of governing. Nor should they. The clamor for voting rights for irresponsible people caused government officials to reduce jury powers because they knew the irresponsibles would destroy the proper functioning of juries. In order to restore those powers, the voters MUST BECOME RESPONSIBLE. I have outlined some fairly simple, if difficult, ways to accomplish that. I say the time has come to progress in that direction.

Evidence

Back to the core point, I imagine you feel curious as to just HOW the Florida Constitution’s crafters engineered the destruction of jury powers. So, I have provided exhibits from all of the Florida Constitutions showing the specific text that contains the words jury, juror, juries, indict, indictment, present, presentment.

See for yourself the emasculation of jury powers, and organize to implement my suggestions above that will restore those powers to newly responsible electors and government employees who won’t abuse those powers.

Exhibits from the Florida Constitutions

The 1838 Constitution

The original constitution did not mention grand juries, but did mention their function, issuing indictments and presentments. It acknowledged that petite juries decided issues of law as well as fact. It acknowledged that grand juries may prohibit prosecution for any crime.

Section 6. That the right of trial by jury shall forever remain inviolate.

Section 10. That in all criminal prosecutions, the accused hath a right to be heard by himself or counsel, or both; to demand 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 in all prosecutions by indictment or presentment a speedy and public trial, by an impartial jury of the County or District, where the offense was committed; and shall not be compelled to give evidence against himself.

Section 15. That in all prosecutions and indictments for libel, the truth may be given in evidence; and if it shall appear to the jury that the libel is true, and published with good motives and for justifiable ends, the truth shall be a justification; and the jury shall be the judges of the law and facts.

Section 16. That no person shall be put to answer any criminal charge, but by presentment, indictment or impeachment.

Section 15. The style of all process shall be “the State of Florida,” and all criminal prosecutions shall be carried on in the name of the State of Florida, and all indictments shall conclude, “against the peace and dignity of the same.”

Section 22. The Governor and all civil officers shall be liable to impeachment for any misdemeanor in office: but judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit under this State; but the parties shall nevertheless be liable to indictment, trial, and punishment according to law.

The 1861 Constitution did likewise

Section 6. That the right of trial by jury shall forever remain inviolate.

Section 10. That in all criminal prosecutions, the accused hath a right to be heard by himself or counsel, or both; to demand 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 in all prosecutions by indictment or presentment, a speedy and public trial by an impartial jury of the county or district where the offense was committed; and shall not be compelled to give evidence against himself.

Section 15. That in all prosecutions and indictments for libel, the truth may be given in evidence; and if it shall appear to the jury that the libel is true, and published with good motives and for justifiable ends, the truth shall be a justification; and the jury shall be the judges of the law and the facts.

Section 16. That no person shall be put to answer any criminal charge but by presentment, indictment or impeachment.

Section 26. Officers shall be removed from office for incapacity, misconduct, or neglect of duty; and where no special mode of trial is provided by the Constitution, the General Assembly shall pass a law providing the mode in which such trials shall be had, which shall be before a jury and in the Circuit Court.

Section 27. The General Assembly shall have power to create special tribunals for the trial of offenses committed by slaves, free negroes and mulattoes; and until the General Assembly otherwise provides, there is hereby created a Court in each county, which shall consist of two Justices of the Peace, and twelve citizens, being qualified Jurors of the county, who shall have power to try all cases of felony committed in their county by slaves, free negroes and mulattoes. A majority of said Court may pronounce judgment, and all trials before it shall be had upon the statement of the offense in the warrant of arrest, and without presentment or indictment by a Grand Jury. The Sheriff of the county shall act as the ministerial officer of said Court, and the citizens who, with the Justices, are to compose the same, shall be selected by said Justices and summoned to attend by the Sheriff; and appeals from the judgment of said Court shall be had to the Circuit Court of the county upon an order made by the Judge thereof, upon an inspection of the record of the trial, full minutes of which shall be made by the said Justices, and such appeal, when allowed, shall operate as a supersedeas of the judgment.

Section 2. All offenses against the militia laws shall be tried by Court Martial or before a court and jury, as the General Assembly may direct.

The 1865 Constitution

See here that the grand jury may prohibit prosecution of ANY criminal charge and petite jury judges law and facts.

Section 6. That the right of trial by jury shall forever remain inviolate.

Section 10. That in all criminal prosecutions, the accused hath a right to be heard by himself or counsel, or both; to demand 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 in all prosecutions by indictment or presentment, a speedy and public trial by an impartial jury of the county or district where the offense was committed; and shall not be compelled to give evidence against himself.

Section 15. That in all prosecutions and indictments for libel, the truth may be given in evidence; and if it shall appear to the jury that the libel is true, and published with good motives, and for justifiable ends, the truth shall be a justification; and the jury shall be the judges of the law and facts.

Section 16. That no person shall be put to answer any criminal charge, but by presentment, indictment or impeachment, except in such cases as the Legislature shall otherwise provide: but the Legislature shall pass no law whereby any person shall be required to answer any criminal charge involving the life of the accused, except upon indictment or presentment by a Grand Jury.

Section 2. All offenses against the Militia laws shall be tried by Court Martial, or before a court and jury, as the General Assembly may direct.

Section 2. In all criminal proceedings founded upon injury to a colored person, and in all cases affecting the rights and remedies of colored persons, no person shall be incompetent to testify as a witness on account of color; in all other cases, the testimony of colored persons shall be excluded, unless made competent by future legislation. The jury shall judge the credibility of the testimony.

Section 3. The Jurors of this State shall be white men, possessed of such qualifications as may be prescribed by law.

The 1868 Constitution.

The federal government forced Florida to scrap the 1865 Constitution and make changes related to Negroes. Wikipedia: “Florida became subject to the military authority of the federal government in 1867. Pursuant to an Act of Congress, General John Pope, Commander of the 3rd Military District, issued an order on April 8, 1867, dividing the 39 counties of the State into 19 districts for the election of delegates to a convention to frame a new State Constitution. The Constitution had to conform with the Federal Constitution and with the 13th and 14th Amendments. The Convention met in Tallahassee on January 20, 1868. As the Convention began its functions, bitter factions were formed, and only under after federal government intervention was the Convention brought under control. The Convention reconvened on February 18, 1868, and Horatio Jenkins, Jr. was elected President. The Constitution was adopted by the people of Florida in May 1868. It conferred electoral franchise upon “male persons” instead of “white male persons” as by the 1865 Constitution. With its acceptance by the federal military authorities, the State of Florida was recognized as being restored to the Union, and its Senators and Representatives were admitted to Congress.

GONE: the provision in previous Constitutions that jurors may judge the law and facts!

GONE: the grand jury power to prohibit prosecutions of misdemeanor crimes. And grand jury does not initiate presentment against impeachable officers. Furthermore, only “registered” voters without a criminal history could serve as jurors. I consider these changes a direct backlash against Congress for allowing Negroes their freedom and their incipient right to vote, the issue which had rattled legislators across the south and became a terrifying reality in February 1870 with the ratification of the 15th Amendment.

Section 3. The right of trial by jury shall be secured to all and remain inviolate forever; but in all civil cases a jury trial may be waived by the parties in the manner to be prescribed by law.

Section 8. No person shall be tried for a capital or otherwise infamous crime, except in cases of impeachment, and in cases of the militia when in active service in time of war, or which the State may keep, with the consent of Congress, in time of peace, and in cases of petit larceny, under the regulation of the Legislature, unless on presentment and indictment by a grand jury; and in any trial, by any court, the party accused shall be allowed to appear and defend in person and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken without just compensation.

Section 9. Every citizen may fully speak and write his sentiments on all subjects, being responsible for the abuse of that right, and no law shall be passed to restrain or abridge the liberty of speech or the press. In all criminal prosecutions and civil actions for libel the truth may be given in evidence to the jury, and if it shall appear that the matter charged as libelous is true, but was published for good motives, the party shall be acquitted or exonerated.

Section 29. The Assembly shall have the sole power of impeachment, but a vote of two-thirds of all the members present shall be required to impeach any officer; and all impeachments shall be tried by the Senate. When sitting for that purpose, the senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the senators present. The Chief Justice shall preside at all trials by impeachment, except in the trial of the Chief Justice, when the Lieutenant Governor shall preside. The Governor, Lieutenant Governor, members of the Cabinet, justices of the Supreme Court, and judges of the circuit court shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust, or profit under the State; but the party convicted or acquitted shall nevertheless be liable to indictment, trial, and punishment according to law. All other officers who shall have been appointed to office by the Governor, and by and with the consent of the Senate, may be removed from office upon the recommendation of the Governor and consent of the Senate, but they shall nevertheless be liable to indictment, trial, and punishment according to law for any misdemeanor in office; all other civil officers shall be tried for misdemeanor in office in such manner as the Legislature may provide.

Section 12. Grand and petit jurors shall be taken from the registered voters of the respective counties.

Section 17. The Legislature shall not pass special or local laws in any of the following enumerated cases; that is to say, regulating the jurisdiction and duties of any class of officers, or for the punishment of crime or misdemeanor; regulating the practice of courts of justice; providing for changing venue of civil and criminal cases; granting divorces; changing the names of persons; vacating roads, town plats, streets, alleys, and public squares; summoning and empaneling grand and petit juries, and providing for their compensation; regulating county, township, and municipal business; regulating the election of county, township, and municipal officers; for the assessment and collection of taxes for State, county, and municipal purposes; providing for opening and conducting elections for State, county, and municipal officers, and designating the places of voting; providing for the sale of real estate belonging to minors or other persons laboring under legal disabilities; regulating the fees of officers.

Section 23. No person who is not a qualified elector of this State, or any person who shall have been convicted of bribery, forgery, perjury, larceny, or other high crime, unless restored to civil rights, shall be permitted to serve on juries.

The 1885 Constitution

Remember that women still could not serve on juries, but Negroes could. Grand Jury still has power to present for any felony (but not misdemeanors). The impartial petite jury requirement could serve to keep Negroes out of juries in trials of Negroes. Here, though the Constitution seriously interferes with the traditional role of the grand jury by empowering prosecutors. Nevertheless it suggests that the grand jury can indict officers the governor removes. Indictment implies information by the prosecutor requesting the indictment.

Section 3. The right of trial by jury shall be secured to all, and remain inviolate forever.

Section 10. No person shall be tried for a capital crime or other felony, unless on presentment or indictment by grand jury, except as is otherwise provided in this Constitution, and except in cases of impeachment, and in cases in the militia when in active service in time of war, or which the State, with the consent of Congress, may keep, in time of peace.

Section 11. In all criminal prosecutions the accused shall have the right to a speedy and public trial, by an impartial jury, in the county where the crime was committed, and shall be heard by himself, or counsel, or both, to demand the nature and cause of the accusation against him, to meet the witnesses against him face to face, and have compulsory process for the attendance of witnesses in his favor, and shall be furnished with a copy of the indictment against him.

Section 13. Every person may fully speak and write his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions and civil actions for libel the truth may be given in evidence to the jury, and if it shall appear that the matter charged as libelous is true, and was published for good motives, the party shall be acquitted or exonerated.

Section 28. All offenses triable in said Court shall be prosecuted upon information under oath, to be filed by the prosecuting attorney, but the grand jury of the Circuit Court for the county in which said Criminal Court is held may indict for offenses triable in the Criminal Court. Upon the finding of such indictment the Circuit Judge shall commit or bail the accused for trial in the Criminal Court, which trial shall be upon information.

Section 29. No private property nor right of way shall be appropriated to the use of any corporation or individual until full compensation therefor shall be first made to the owner, or first secured to him by deposit of money; which compensation, irrespective of any benefit from any improvement proposed by such corporation or individual, shall be ascertained by a jury of twelve men in a court of competent jurisdiction, as shall be prescribed by law.

Section 38. The number of jurors for the trial of causes in any court may be fixed by law but shall not be less than six in any case.

Section 29. The House of Representatives shall have the sole power of impeachment; but a vote of two-thirds of all members present shall be required to impeach any officer; and all impeachments shall be tried by the Senate. When sitting for that purpose the Senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the Senators present. The Senate may adjourn to a fixed day for the trial of any impeachment, and may sit for the purpose of such trial whether the House of Representatives be in session or not, but the time fixed for such trial shall not be more than six months from the time articles of impeachment shall be preferred by the House of Representatives. The Chief Justice shall preside at all trials by impeachment except in the trial of the Chief Justice, when the Governor shall preside. The Governor, Administrative officers of the Executive Department, Justices of the Supreme Court, and Judges of the Circuit Court shall be liable to impeachment for any misdemeanor in office, but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust or profit under the State; but the party convicted or acquitted shall nevertheless be liable to indictment, trial and punishment according to law.

Section 15. All officers that shall have been appointed or elected, and that are not liable to impeachment, may be suspended from office by the Governor for malfeasance, or misfeasance, or neglect of duty in office, for the commission of any felony, or for drunkenness or incompetency, and the cause of suspension shall be communicated to the officer suspended and to the Senate at its next session. And the Governor, by and with the consent of the Senate, may remove any officer, not liable to impeachment, for any cause above named. Every suspension shall continue until the adjournment of the next session of the Senate, unless the officer suspended shall, upon the recommendation of the Governor, be removed; but the Governor may reinstate the officer so suspended upon satisfactory evidence that the charge or charges against him are untrue. If the Senate shall refuse to remove, or fail to take action before its adjournment, the officer suspended shall resume the duties of the office. The Governor shall have power to fill by appointment any office, the incumbent of which has been suspended. No officer suspended who shall under this section resume the duties of his office, shall suffer any loss of salary or other compensation in consequence of such suspension. The suspension or removal herein authorized shall not relieve the officer from indictment for any misdemeanor in office.

Section 20. The Legislature shall not pass special or local laws in any of the following enumerated cases: that is to say, regulating the jurisdiction and duties of any class of officers, except municipal officers, or for the punishment of crime or misdemeanor; regulating the practice of courts of justice, except municipal courts; providing for changing venue of civil and criminal cases; granting divorces; changing the names of persons; vacating roads; summoning and empaneling grand and petit juries, and providing for their compensation; for assessment and collection of taxes for State and county purposes; for opening and conducting elections for State and county officers, and for designating the places of voting; for the sale of real estate belonging to minors, estates of decedents, and of persons laboring under legal disabilities; regulating the fees of officers of the State and county; giving effect to informal or invalid deeds or wills; legitimizing children; providing for the adoption of children; relieving minors from legal disabilities; and for the establishment of ferries.

1968 Constitution

This Constitution completed the destruction of Grand Jury powers to prohibit prosecution except in capital cases. It also makes no provision for petit juries to judge law as well as facts.

Section 15. Prosecution for Crime; Offenses Committed by Children.

(a) No person shall be tried for capital crime without presentment or indictment by a grand jury, or for other felony without such presentment or indictment or an information under oath filed by the prosecuting officer of the court, except persons on active duty in the militia when tried by courts martial.

(b) When authorized by law, a child as therein defined may be charged with a violation of law as an act of delinquency instead of crime and tried without a jury or other requirements applicable to criminal cases. Any child so charged shall, upon demand made as provided by law before a trial in a juvenile proceeding, be tried in an appropriate court as an adult. A child found delinquent shall be disciplined as provided by law.

Section 16. Rights of Accused. In all criminal prosecutions the accused shall, upon demand, be informed of the nature and cause of the accusation against him, and shall be furnished a copy of the charges, and shall have the right to have compulsory process for witnesses, to confront at trial adverse witnesses, to be heard in person, by counsel or both, and to have a speedy and public trial by impartial jury in the county where the crime was committed. If the county is not known, the indictment or information may charge venue in two or more counties conjunctively and proof that the crime was committed in that area shall be sufficient; but before pleading the accused may elect in which of those counties he will be tried. Venue for prosecution of crimes committed beyond the boundaries of the state shall be fixed by law.

Section 22. Trial by jury. The right of trial by jury shall be secure to all and remain inviolate. The qualifications and the number of jurors, not fewer than six, shall be fixed by law.

Section 11. Prohibited Special Laws. (a) There shall be no special law or general law of local application pertaining to: (5) petit juries, including compensation of jurors, except establishment of jury commissions;

Section 9. Criminal Courts of Record.(5) Indictment and Information. All offenses triable in said court shall be prosecuted upon information under oath, to be filed by the prosecuting attorney, but the grand jury of the circuit court for the county in which said criminal court is held may indict for offenses triable in the criminal court. Upon the finding of such indictment the circuit judge shall commit or bail the accused for trial in the criminal court, which trial shall be upon information.

Section 12. Juvenile Courts; Establishment; Jurisdiction; Judge; Officers; Procedure. The legislature shall have power to create and establish juvenile courts in such county or counties or districts within the state as it may deem p roper, and to define the jurisdiction and powers of such courts and the officers thereof, and to vest in such courts exclusive original jurisdiction of all or any criminal cases where minors under any age specified by the legislature from time to time are accused, including the right to define any or all offenses committed by any such persons as acts of delinquency instead of crimes; to provide for the qualification, election or selection and appointment of judges, probation officers and such other officers and employees of such courts as the legislature may determine, and to fix their compensation and term of office; all in such manner, for such time, and according to such methods as the legislature may prescribe and determine, without being limited therein by the provisions in this constitution as to trial by jury in Sections 3 and 11 of the Declaration of Rights, as to the use of the terms “prosecuting attorney” and “information” in Section 10 of the Declaration of Rights, as to election or appointment of officers in Section 27 of Article III, as to jurisdiction of criminal cases in Sections 6, 7, 9, and 11 of this Article, as to original jurisdiction of the interests of minors in Section 6 of this Article, and as to style of process and prosecuting in the name of the state in Section 20 of this Article, or other existing conflicting provisions of this constitution

Section 22. Juries. The number of jurors for trial of causes in any court may be fixed by law but shall not be less than six in any case.

Section 7. Suspensions; Filling Office during Suspensions. (c) By order of the governor any elected municipal officer indicted for crime may be suspended from office until acquitted and the office filled by appointment for the period of suspension, not to extend beyond the term, unless these powers are vested elsewhere by law or the municipal charter.

SECTION 12. Discipline; removal and retirement.— (a) JUDICIAL QUALIFICATIONS COMMISSION.—A judicial qualifications commission is created. (5) The commission shall have access to all information from all executive, legislative and judicial agencies, including grand juries, subject to the rules of the commission. At any time, on request of the speaker of the house of representatives or the governor, the commission shall make available all information in the possession of the commission for use in consideration of impeachment or suspension, respectively.

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Author: bobhurt

See http://bobhurt.com

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