Pennsylvania Criminal Proceedings and Criminal Defendant Rights Amendment (1995)
| Pennsylvania Criminal Proceedings and Criminal Defendant Rights Amendment | |
|---|---|
 | |
| Election date November 7, 1995. | |
| Topic Civil and criminal trials | |
Status Overturned | |
| Type Constitutional amendment | Origin State legislature |
Pennsylvania Criminal Proceedings and Criminal Defendant Rights Amendment was on the ballot as a legislatively referred constitutional amendment in Pennsylvania on November 7, 1995. The constitutional amendment was approved at the election, and the Pennsylvania Supreme Court overturned the ballot measure in 1999.[1]
A "yes" vote supported this constitutional amendment to (1) replace the right of criminal defendants to meet with witnesses face to face with a right to confront witnesses and (2) allow the legislature to pass laws on children testifying in criminal proceedings. |
A "no" vote opposed this constitutional amendment to (1) replace the right of criminal defendants to meet with witnesses face to face with a right to confront witnesses and (2) allow the legislature to pass laws on children testifying in criminal proceedings. |
Aftermath
The Pennsylvania Supreme Court ruled that the ballot measure violated the separate-vote requirement of the Pennsylvania Constitution. The ruling stated that the ballot measure included more than one amendment.[1]
Election results
|
Pennsylvania Criminal Proceedings and Criminal Defendant Rights Amendment |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
1,176,652 | 74.60% | ||
| No | 400,727 | 25.40% | ||
Text of measure
Ballot title
The ballot title for Criminal Proceedings and Criminal Defendant Rights Amendment was as follows:
| “ | Shall the Pennsylvania Constitution be amended to provide (1) that a person accused of a crime has the right to be “confronted with the witnesses against him,” instead of the right to meet the witnesses “face to face”, and (2) that the General Assembly may enact laws regarding the manner by which children may testify in criminal proceedings, including the use of videotaped depositions or testimony by closed circuit television. | ” |
Path to the ballot
In Pennsylvania, the General Assembly must pass a constitutional amendment by a simple majority vote during two successive legislative sessions to refer the measure to the ballot for voter consideration. The legislature can also pass a measure by a two-thirds vote during one legislative session if a “major emergency threatens or is about to threaten the Commonwealth.”
See also
External links
Footnotes
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State of Pennsylvania Harrisburg (capital) |
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