Become part of the movement for unbiased, accessible election information. Donate today.
Florida Amendment 4, Criminal Trial Procedures Amendment (1934)
| Florida Amendment 4 | |
|---|---|
|
|
|
| Election date |
|
| Topic Civil and criminal trials and Constitutional rights |
|
| Status |
|
| Type Legislatively referred constitutional amendment |
Origin |
Florida Amendment 4 was on the ballot as a legislatively referred constitutional amendment in Florida on November 6, 1934. It was approved.
A “yes” vote supported providing for a grand jury in certain cases and establishing certain procedures for criminal trials. |
A “no” vote opposed providing for a grand jury in certain cases and establishing certain procedures for criminal trials. |
Election results
|
Florida Amendment 4 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
72,093 | 67.47% | ||
| No | 34,759 | 32.53% | ||
Text of measure
Ballot title
The ballot title for Amendment 4 was as follows:
| “ | NO. FOUR Proposing to Amend Section 10 of the Declaration of Rights of the Constitution Relating to Grand Juries, Informations, Presentments, and Indictments of Persons for Capital Crimes and Other Felonies, So as to Provide that No Person Shall Be Tried for a Capital Crime Unless on Presentment or Indictment by a Grand Jury, and No Person Shall be Tried for Other Felony Unless on Presentment or Indictment by a Grand Jury or Upon Information Under Oath Filed by the Prosecuting Attorney of the Court, with Exceptions as to Impeachment, Cases in the Militia when in Active Service in Time of War, or Cases in the Militia Which the State, with the Consent of Congress, May Keep in Time of Peace; Providing for Pleas to any Information in Term Time or Vacation and Judgment and Sentence of a Plea of Guilt in Term Time or in Vacation; and Authorizing the Judge of Any Circuit Court to Dispense with the Summoning, Empaneling and Convening of the Grand Jury at any Term of Court by his Order; and Empowering the Legislature by General Law to Regulate the Number of Grand Jurors on a Grand Jury and Fix the Number Necessary to Return an Indictment or Presentment. | ” |
Full Text
The full text of this measure is available here.
Constitutional changes
|
Section 10. No person shall be tried for a capital crime unless on presentment or indictment by a grand jury, and no person shall be tried for other felony unless on presentment or indictment by a grand jury or upon information under oath filed by the prosecuting attorney of the court wherein the information is filed, 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. Any person under such information, presentment or indictment for any felony not capital may be arraigned and may enter a plea in term time or in vacation, and the judgment and sentence of the court on a plea of guilty may be made and entered either in term time or in vacation. The judge of any circuit court is authorized to dispense with the summoning, empaneling, and convening of the grand jury at any term of court by making, entering, and filing with the clerk of said court a written order directing that no grand jury be summoned at such term of court, which order of the Circuit Judge may be made in vacation or term time of said court. The Legislature shall have power by general legislation to regulate the number of grand jurors to serve upon, or constitute, a grand jury and to fix the number of grand jurors required to vote for and return an indictment or presentment. This amendment, upon ratification as aforesaid, shall take effect at midnight on December 31, 1934, without the necessity of legislation. |
Path to the ballot
- See also: Amending the Florida Constitution
A 60% vote was required during one legislative session for the Florida State Legislature to place a constitutional amendment on the ballot. That amounted to a minimum of 51 votes in the Florida House of Representatives and 18 votes in the Florida State Senate, assuming no vacancies. Amendments did not require the governor's signature to be referred to the ballot. Amendments on the ballot required a simple majority vote in this year.
See also
External links
- Florida Constitution Revision Commission, "Florida's Constitutions: The Documentary History"
- The Palm Beach Post Times, "Educational Ballot --- General Election, Palm Beach County, November 6, 1934," November 4, 1934
Footnotes
 |
State of Florida Tallahassee (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2025 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
