Art. I, § 24

State rights independent; construing criminal rights

Structure Individual Rights Art. I · Declaration of Rights

Official text rightpowerlimitif conditionlegal term

Rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution.

In criminal cases the rights of a defendant to , to , 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.

This declaration of rights may not be construed to impair or deny others retained by the people.

History: Sec. 24 amended June 5, 1990, by Prop. 115. Initiative measure.

Simplified explanation

California's constitutional rights do not depend on federal ones, but listed rights of criminal defendants shall be construed consistently with the U.S. Constitution, without greater rights for criminal defendants or minors in juvenile proceedings. This declaration does not impair others retained by the people.