Comparing Constitutions, Essay Example

Having been charged with manslaughter for a texting-while-driving accident in Texas, I would have specific guaranteed rights provided by both the Texas and US Constitutions. The basic rights that I would be assured of as a defendant under both Constitutions include: the right to a speedy and fair trial by a jury of my peers, the right to be informed in writing of the charges against me, the right to refuse to provide self-incriminating evidence or testimony, and the right to be protected from the imposition of excessive bail, fines, or punishment. In addition to these rights, both Constitutions also provide for the protection against “double jeopardy” that is, being tried twice for the same offense. These rights can be considered the base rights that all citizens of America enjoy in regard to criminal prosecution.

There are also provisions in each of the Constitutions that restrict how evidence can be collected. According to the Texas Constitution, I am protected from all searches and seizures of myself and my property. The Texas Constitution also provides that evidence against me be produced in a courtroom and that I have a chance to confront those who testify against me. The Federal Constitution also provides protection against search and seizure, and sates that I have a right to see the evidence against me and to confront witnesses. The protections that are provided by the two Constitutions are very similar and appear to be almost identical. However, close examination of the Texas Constitution shows that this document offers additional assurances of rights in section 29. In this section, guarantees are made for a defendant’s rights by stating that the rights of the individual are “inviolate” and can therefore never be abridged by any governmental power of law. Due to this additional clause, which is not present in the US Constitution, the Texas Constitution offers a more comprehensive Bill of Rights than the federal Constitution. Ironically, because of this additional clause, it might turn out that it was a ‘good” thing that the criminal charges I faced for texting-while-driving were in Texas because, under the Texas Constitution my rights against unjust prosecution are more thoroughly guaranteed.