§1561 Rights and prohibitions

Summary

People in the Virgin Islands must not lose their life, freedom, or property without a fair legal process, and everyone must get the same legal protections as others. If someone is accused of a crime, they must have a lawyer, be told what the charge is and given a copy of it, get a quick and public trial, see and question the witnesses against them, and be able to call witnesses for their defense. No one can be tried twice for the same crime or forced to testify against themselves. A person cannot act as judge in a case if they were the lawyer or prosecutor in it. Bail must be allowed with proper sureties except in first-degree murder or other capital cases when the proof is clear or the presumption is strong. No excessive bail or fines, and no cruel or unusual punishments. People cannot be jailed for debt or forced to work for debt, and slavery is banned; forced labor is only allowed as punishment after a lawful conviction. The right to challenge unlawful detention in court is protected and cannot be suspended except where the law says so. All searches and arrests need warrants based on probable cause, sworn under oath, and must describe the place and items or people clearly. Laws that punish people after the fact or single out people for punishment are forbidden. Private property taken for public use must get fair payment as fixed by law. Freedom of speech, the press, peaceful assembly, petitioning the government, and free exercise of religion are protected. Polygamous marriage is banned, and children under the age of sixteen may not be put to work in jobs that harm health, morals, or safety. No political or religious tests are allowed for public office except an oath to support the U.S. Constitution and the laws that apply to the Virgin Islands. Specific parts of the U.S. Constitution and certain amendments listed in the law are extended to the Virgin Islands, and any local or congressional laws that conflict with these protections are repealed to the extent they conflict.