California Proposition 5, Evidence and Credibility Initiative (1934)
| California Proposition 5 | |
|---|---|
 | |
| Election date November 6, 1934 | |
| Topic Civil and criminal trials | |
Status Approved | |
| Type Constitutional amendment | Origin Citizens |
California Proposition 5 was on the ballot as an initiated constitutional amendment in California on November 6, 1934. It was approved.
A “yes” vote supported allowing the court and counsel to comment on the defendant not explaining or refuting evidence provided to prove their guilt, allowing the court to instruct the jury about laws regarding evidence, commentary, and witness credibility, and requiring the court inform jurors that they are the exclusive judges of evidence and credibility. |
A “no” vote opposed allowing the court and counsel to comment on the defendant not explaining or refuting evidence provided to prove their guilt, allowing the court to instruct the jury about laws regarding evidence, commentary, and witness credibility, and requiring the court inform jurors that they are the exclusive judges of evidence and credibility. |
Election results
|
California Proposition 5 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
1,087,932 | 72.81% | ||
| No | 406,287 | 27.19% | ||
Text of measure
Ballot title
The ballot title for Proposition 5 was as follows:
| “ | Permitting Comment on Evidence and Failure of Defendant to Testify in Criminal Cases | ” |
Ballot summary
The ballot summary for this measure was:
| “ | Amends section 13 of Article I, and section 19 of Article VI, of Constitution. Declares in any criminal case, whether defendant testifies or not, court and counsel may comment on his failure to explain or deny any evidence against him. Declares court may instruct jury regarding law applicable to facts of case, and comment on evidence, testimony and credibility of any witness. Requires court inform jury in all cases that jurors are exclusive judges of all questions of fact submitted to them and of credibility of witnesses. | ” |
Full Text
The full text of this measure is available here.
Path to the ballot
In California, the number of signatures required for an initiated constitutional amendment is equal to 8 percent of the votes cast at the preceding gubernatorial election. For initiated amendments filed in 1934, at least 110,811 valid signatures were required.
See also
External links
Footnotes
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