MS Const., Article 3, Section 26

In all criminal prosecutions the accused shall have a right to be heard by himself or counsel, or both, to demand the nature and cause of the accusation, to be confronted by the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and, in all prosecutions by indictment or information, a speedy and public trial by an impartial jury of the county where the offense was committed; and he shall not be compelled to give evidence against himself; but in prosecutions for rape, adultery, fornication, sodomy or crime against nature the court may, in its discretion, exclude from the courtroom all persons except such as are necessary in the conduct of the trial. Notwithstanding any other provisions of this Constitution, the Legislature may enact laws establishing a state grand jury with the authority to return indictments regardless of the county where the crime was committed. The subject matter jurisdiction of a state grand jury is limited to criminal violations of the Mississippi Uniform Controlled Substances Law or any other crime involving narcotics, dangerous drugs or controlled substances, or any crime arising out of or in connection with a violation of the Mississippi Uniform Controlled Substances Law or a crime involving narcotics, dangerous drugs or controlled substances if the crime occurs within more than one (1) circuit court district of the state or transpires or has significance in more than one (1) circuit court district of the state. The venue for the trial of indictments returned by a state grand jury shall be as prescribed by general law. SOURCES: 1817 art I §10; 1832 art I §7; Laws 1994, ch. 668, effective December 9, 1994. NOTE: The 1994 amendment to Section 26 was proposed by Laws 1994, ch. 668, House Concurrent Resolution No. 79, of the 1994 regular session of the Legislature, and upon ratification by the electorate on November 8, 1994, was inserted by proclamation of the Secretary of State on December 9, 1994 d by general law. SOURCES: 1817 art I §10; 1832 art I §7; Laws 1994, ch. 668, effective December 9, 1994. NOTE: The 1994 amendment to Section 26 was proposed by Laws 1994, ch. 668, House Concurrent Resolution No. 79, of the 1994 regular session of the Legislature, and upon ratification by the electorate on November 8, 1994, was inserted by proclamation of the Secretary of State on December 9, 1994. SECTION 26-A (1) Victims of crime, as defined by law, shall have the right to be treated with fairness, dignity and respect throughout the criminal justice process; and to be informed, to be present and to be heard, when authorized by law, during public hearings. (2) Nothing in this section shall provide grounds for the accused or convicted offender to obtain any form of relief nor shall this section impair the constitutional rights of the accused. Nothing in this section of any enabling statute shall be construed as creating a cause of action for damages against the state or any of its agencies, officials, employee or political subdivisions. (3) The Legislature shall have the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section. NOTE: The 1998 amendment adding a new section was proposed by Senate Concurrent Resolution No. 513, Laws 1998, ch. 691 of the 1998 regular session of the Legislature, and upon ratification by the electorate on November 8, 1998, was inserted by proclamation of the Secretary of State on November 30, 1998.