CNMI Personal Rights

CNMI Personal Rights

​

Article I

Personal Rights

Section 1: Laws Prohibited.

• bill of attainder -a legislative act that imposes punishment without a trial

• ex post facto law -a civil or criminal law with retroactive effect

• a law impairing the obligation of contracts

• a law prohibiting ...

the traditional art of healing.

Section 2

Freedom of Religion, Speech, Press and Assembly

No law shall be made respecting

• an establishment of religion or prohibiting the free exercise thereof

• abridging the freedom of

  • speech

  • the press

  • the right of the people peaceably to assemble

  • to petition the government for a redress of grievances

Section 3:

Search and Seizure.

The right of the people to be secure in their persons, houses, papers, and belongings against unreasonable searches and seizures shall not be violated.

Section 3 Continued

• No warrants shall issue except upon probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.

• No wiretapping, electronic eavesdropping or other comparable means of surveillance shall be used except pursuant to a warrant.

• A person adversely affected by an illegal search or seizure has a cause of action against the government within limits provided by law

Section 4:

Criminal Prosecutions.

In all criminal prosecutions certain fundamental rights shall obtain.

• The accused has the right to assistance of counsel and, if convicted, has the right to counsel in all appeals.

• The accused has the right to be confronted with adverse witnesses and to have compulsory process for obtaining favorable witnesses.

• No person shall be compelled to give self-incriminating testimony.

• There shall be a speedy and public trial.

•  No person shall be put twice in jeopardy for the same offense regardless of the governmental entity that first institutes prosecution.

Section 4 Continued

•  Excessive bail shall not be required.

• Excessive fines shall not be imposed.

• Cruel and unusual punishment shall not be inflicted.

• Capital punishment is prohibited.

• Persons who are under eighteen years of age shall be protected in criminal judicial proceedings and in conditions of imprisonment.

Section 5:

Due Process.

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

Section 6:

Equal Protection

No person shall be denied the equal protection of the laws

No person shall be denied the enjoyment of civil rights or be discriminated against in the exercise thereof on account of

• race

• color

• religion

• ancestry

• sex

Section 7:

Quartering Soldiers.

No soldier in time of peace may be quartered in any house without the consent of the owner, nor in time of war except as provided by law.

Section 8:

Trial by Jury.

The legislature may provide for trial by jury in criminal or civil cases.

Section 9:

Clean and Healthful Environment.

Each person has the right to a clean and healthful public environment in all areas

• land

• air

• water

Prohibited, except as provided by law

• Harmful and unnecessary noise pollution

• the storage of nuclear or radioactive material

• the dumping or storage of any type of nuclear waste within the surface or submerged lands and waters of the Northern Mariana Islands

Section 10:

Privacy.

The right of individual privacy shall not be infringed except upon a showing of compelling interest.

Section 11:

Victims of Crime.

The right of the people to be secure in their persons, houses, and belongings against crime shall be recognized at sentencing.

Restitution to the crime victim shall be a condition of probation and parole except upon a showing of compelling interest.

Section 12:

Abortion

The abortion of the unborn child during the mother’s pregnancy is prohibited in the Commonwealth of the Northern Mariana Islands, except as provided by law.

​