§1561 Rights and Prohibitions

Summary

Protects everyone in the Virgin Islands from being deprived of life, freedom, or property without fair legal process and guarantees equal protection under the law. People accused of crimes must have a lawyer, be told what they are charged with and get a copy of the charge, have a speedy and public trial, face the witnesses against them, and force witnesses to testify for them. No one can be tried twice for the same offense or forced to testify against themselves. Judges cannot sit on cases in which they acted as the lawyer or prosecutor. Most accused people must be allowed bail with good sureties, except for first-degree murder or other capital crimes when the evidence is clear or the presumption is great. Bail, fines, and punishments must not be excessive or cruel and unusual. No slavery or involuntary servitude is allowed, except as punishment after conviction. People must be protected from unreasonable searches and seizures; warrants need probable cause, an oath, and a clear description of where or what will be searched or seized. The right to challenge detention (habeas corpus) is kept except where the law says otherwise. Laws cannot be retroactive, cannot single out people for punishment without trial, cannot impair contracts, and cannot force people into debt labor. Private property can only be taken for public use with fair payment. Free speech, free press, peaceful assembly, petitioning the government, and free exercise of religion are protected. Polygamous marriages are banned. Children under 16 cannot work in jobs dangerous to health or safety. No one who advocates or belongs to a group that wants to overthrow the Virgin Islands or U.S. government by force may hold public office. Territory money can only be spent under an Act of Congress or a territorial money bill and by proper warrant. Only an oath to support the U.S. Constitution and applicable laws is required for public office; no other political or religious tests are allowed. The legislature still may pass laws to protect life, health, and safety. The following parts of the U.S. Constitution are extended to the Virgin Islands as they have not already been extended: article I, section 9, clauses 2 and 3; article IV, section 1 and section 2, clause 1; article VI, clause 3; the first to ninth amendments inclusive; the thirteenth amendment; the second sentence of section 1 of the fourteenth amendment; and the fifteenth and nineteenth amendments. Offenses prosecuted in the district court under sections 1612(a) and (c) of this title may be charged by grand jury indictment or by information. Offenses prosecuted under section 1612(b) or in local courts continue to be charged by information unless local law requires a grand jury indictment. Any federal or territorial law that conflicts with these rules is repealed to the extent of the conflict.