New York Constitution Article I - Bill Of Rights

New York Constitution – Article I: Bill of Rights

Article I of the New York Constitution sets forth the fundamental rights and freedoms guaranteed to all individuals within the state. It is designed to protect civil liberties and ensure justice and equality under the law.

Key Provisions of Article I:

Section 1 – Equality and Rights

All people are born free and equal in dignity and rights.

No person shall be denied the equal protection of the laws or be discriminated against based on race, color, creed, or religion.

Section 2 – Due Process and Trial by Jury

No person shall be deprived of life, liberty, or property without due process of law.

The right to a trial by jury is guaranteed in all criminal cases and in civil cases where it has traditionally applied.

Section 3 – Freedom of Speech and Press

Every person has the right to freedom of speech, press, and assembly.

Censorship of the press is prohibited.

Section 4 – Freedom of Religion

The free exercise and enjoyment of religious profession and worship, without discrimination or preference, is guaranteed.

Section 5 – Right to Bear Arms

Citizens have the right to keep and bear arms for their defense and the defense of the state.

Section 6 – Searches and Seizures

Protection against unreasonable searches and seizures.

Warrants must be issued based on probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.

Section 7 – Excessive Bail and Punishment

No excessive bail or fines, nor cruel or unusual punishments shall be imposed.

Section 8 – Habeas Corpus

The right to habeas corpus shall not be suspended except in cases of rebellion or invasion when public safety requires it.

Section 9 – Rights of Accused

The accused shall enjoy the right to:

Be informed of charges

Have a speedy and public trial

Confront witnesses

Have compulsory process for obtaining witnesses

Have assistance of counsel

Section 10 – No Self-Incrimination

No person shall be compelled to be a witness against themselves.

Section 11 – Protection of Property Rights

Property shall not be taken for public use without just compensation.

Section 12 – Right of Petition

Citizens have the right to petition the government for redress of grievances.

This Article forms the foundation of civil liberties in New York, often paralleling the federal Bill of Rights but also including additional protections tailored to the state.

 

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