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References

Cases

Double Jeopardy

Due Process

  • Beggs v. Paine, 15 N.D. 436 (“it is only copied from and repeats the guaranty found in the fourteenth amendment, and is no broader in its scope than the federal provision”)

Right to Counsel

  • John v. State, 160 N.W.2d 37 (1968)

Appear and Defend in Person

Public Trial

U.S. Const. amend. VI (“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial”)

U.S. Const. amend. VI (“In all criminal prosecutions, the accused shall enjoy the right … to have compulsory process for obtaining witnesses in his favor”)

U.S. Const. amend. VI (“In all criminal prosecutions, the accused shall enjoy the right … to have the Assistance of Counsel for his defence.”)

U.S. Const. amend. V (“nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb”)

U.S. Const. amend. V (“nor shall be compelled in any criminal case to be a witness against himself”)

U.S. Const. amend. V (“nor be deprived of life, liberty, or property, without due process of law”)

Scholarly Work
  • Cooley at 379-80 (speedy and public trial), 399 (double jeopardy), 405 (right to counsel), 432 (due process of law)
arti:sec12:start

Section 12. In criminal prosecutions in any court whatever, the party accused shall have the right to a speedy and public trial; to have the process of the court to compel the attendance of witnesses in his behalf; and to appear and defend in person and with counsel. No person shall be twice put in jeopardy for the same offense, nor 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.

arti/sec12/start.txt · Last modified: 2019/02/10 15:29 (external edit)