SEC 18 -20

SEC 18

A. FREEDOM OF CONSCIENCE
B. INVOLUNTARY SERVITUDE

OTHER EXCEPTION

1. CIVIL AND MILITARY SERVICE

2. RETURN TO WORK ORDER
3. COUNSEL DE OFFICIO

SEC. 19

CRUEL (INHERENT IN THE METHOD) AND INHUMANE (UNUSUAL) PUNISHMENT

1. FROM WHICH PUBLIC SENTIMENT REGARDS AS CRUEL AND OBSOLETE

2. THOSE WHICH ARE DISPROPORTIONATE AS TO SHOCK THE MORAL STATE.
A. LAW PASSED BY CONGRESS
B. APPLIES TO HEINOUS CRIMES
C. THERE MUST BE COMPELLING REASON

SEC. 20

POLL TAX/ NON PAYMENT OF DEBT

A. POLL TAX
1. CONDITION PRESEDENT FOR SUFFRAGE
2. RESIDENCE CERTIFICATE

B. DEBT – CONTRACTUAL DEBT

DOES NOT INCLUDE

1. MINIMUM WAGE
2. BP 22
3. TRUST RECEIPT

SEC. 22

A. EX POST FACTO LAW

B. BILL OF ATTAINDER

EX POST FACTO LAW

A. A CRIMINAL LAW W/ RETROACTIVE EFFECT (PREJUDICIAL TO ACCUSED)

KINDS
1. AN ACT W/C WAS INNOCENT WHEN DONE
2. AGGRAVATES A CRIME
3. CHANGES OR INFLICTS A GREATER PUNISHMENT
4. ASSUMES TO REGULATE CIVIL RIGHTS BUT IMPOSES PENALTY
5. ALTERS THE LEGAL RULES OF EVIDENCE
6. DEPRIVES A PERSON

BILL OF ATTAINDER

A. A LAW WHICH INFLICTS PUNISHMENT W/O JUDICIAL TRIAL – BILL OF PAINS AND PENALTIES.

SEC. 21

DOUBLE JEOPARDY

HAPPENS WHEN A CASE IS TERMINATED BY:

1. ACQUITTAL
2. CONVICTION OR
3. IN ANY OTHER MANNER W/OUT HIS EXPRESSED CONSENT

TWO KINDS

1. FOR THE SAME OFFENSE

2. FOR THE SAME ACT

REQUISITES

1. FIRST JEOPARDY MUST ATTACH

2. FIRST JEOPARDY WAS TERMINATED
3. 2ND JEOPARDY MUST BE FOR THE SAME OFFENSE TO THE FIRST

FIRST JEOPARDY HAS ATTACHED

1. VALID COMPLAINT OR INFORMATION

A. INFO CHARGES NO OFFENSE
B. INFO NOT SIGNED BY OFFENDED PARTY
C. INFO NOT SIGNED BY PROPER AUTHORITY
2. FILED BEFORE A COMPETENT COURT
A. NO JURISDICTION OVER OFFENSE
B. FILED IN WRONG VENUE

3. ACCUSED HAS BEEN ARRAIGNED AND HAS PLEADED

FIRST JEOPARDY TERMINATED

1. BY ACQUITTAL – IMMEDIATELY FINAL

 EXCEPTIONS :
1. DEPRIVATION OF DUE PROCESS OF THE STATE
2. GRAVE ABUSE OF DISCRETION

2 BY CONVICTION – MAY BE APPEALED BY ACCUSED

3 BY DISMISSAL – WHEN IS DISMISSAL WITH CONSENT

A. PROVISSIONAL DISMISSAL
B. DISMISSAL W/ PREJUDICE
C. ON MOTION OF ACCUSED
D. WHEN AGREES TO DISMISSAL

EXCEPTIONS:

1. SPEEDY TRIAL
2. INSUFFICIENCY OF EVIDENCE
3. DISCHARGE OF STATE WITNESS

WHEN IS THERE NO CONSENT

1. SINCERE FAILURE TO OBJECT

2. REINVESTIGATION

EXCEPTIONS

1. GRAVE ABUSE OF DISCRETION

2. VIOLATION OF DUE PROCESS

2ND JEOPARDY IS FOR THE SAME OFFENSE

A. IDENTICAL OFFENSE
B. 2ND IS AN ATTEMPT TO COMMIT THE FIRST
C. 2ND IS A FRUSTRATION OF THE FIRST
D. 1ST NECESSARILY INCLUDES THE 2ND
E. 1ST IS NECESSARILY INCLUDED IN THE 2ND

EXCEPTIONS

A. SUPERVENING FACT
B. NEWLY DISCOVERED FACT
C. PLEA TO LESSER OFFENSE WITHOUT THE CONSENT OF FISCALNOR OFFENDED PARTY.

2ND TYPE OF JEOPARDY : FOR THE SAME ACT

DISTINCTIONS :
1. AS TO BASIS OF CHARGE
ORDINANCE AND STATUTE VS. STATUTE ONLY

2. AS TO POINT OF ANALYSIS : THE ACT IN TIME & SPACE VS. ELEMENTS OF THE CASE.