Page:Colorado State Constitution (2020).pdf/7

 Section 16a.Rights of crime victims. Any person who is a victim of a criminal act, or such person's designee, legal guardian, or surviving immediate family members if such person is deceased, shall have the right to be heard when relevant, informed, and present at all critical stages of the criminal justice process. All terminology, including the term "critical stages", shall be defined by the general assembly.

Source: L. 91: Entire section added, p. 2031, effective upon proclamation of the Governor, L. 93, p. 2155, January 14, 1993.

Cross references: For statutory provisions relating to victims' rights set out in this section, see §§ 24-4.1-302.5, 24-4.1-303, and 24-31-106.

Section 17.Imprisonment of witnesses - depositions - form. No person shall be imprisoned for the purpose of securing his testimony in any case longer than may be necessary in order to take his deposition. If he can give security he shall be discharged; if he cannot give security his deposition shall be taken by some judge of the supreme, district or county court, at the earliest time he can attend, at some convenient place by him appointed for that purpose, of which time and place the accused and the attorney prosecuting for the people shall have reasonable notice. The accused shall have the right to appear in person and by counsel. If he has no counsel, the judge shall assign him one in his behalf only. On the completion of such examination the witness shall be discharged on his own recognizance, entered into before said judge, but such deposition shall not be used if in the opinion of the court the personal attendance of the witness might be procured by the prosecution, or is procured by the accused. No exception shall be taken to such deposition as to matters of form.

Source: Entire article added, effective August 1, 1876, see L. 1877, p. 31.

Cross references: For right to compel attendance of witnesses at trial, see § 16-9-101; for summoning witnesses from outside the state, see § 16-9-202.

Section 18.Crimes - evidence against one's self - jeopardy. No person shall be compelled to testify against himself in a criminal case nor shall any person be twice put in jeopardy for the same offense. If the jury disagree, or if the judgment be arrested after the verdict, or if the judgment be reversed for error in law, the accused shall not be deemed to have been in jeopardy.

Source: Entire article added, effective August 1, 1876, see L. 1877, p. 31.

Editor's note: (1) Compare Kirschwing v. Farrar, 114 Colo. 421, 166 P.2d 154 (1946) (civil case, blood test obtained while unconscious); Lewis v. People, 115 Colo. 435, 174 P.2d 736 (1946) (civil case, void telephone company identification); Hanlon v. Woodhouse, 113 Colo. 504, 160 P.2d 998 (1945) (civil case).

(2) For successive indictments and trials in federal and state courts on the same offense, compare Malloy v. Hogan, 378 U.S. 1, 12 L. Ed, 653, 84 S. Ct. 1489 (1964) (referee investigation); Escobedo v. Illinois, 378 U.S. 478, 12 L. Ed. 997, 84 S. Ct. 1758 (1964) (right to Colorado Revised Statutes 2020