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The Importance of the Oklahoma Constitution in Oklahoma Criminal Law

The Oklahoma Constitution contains many of the same protections granted to us by the United States Constitution, however that does not mean that a criminal defense attorney should ignore the Oklahoma Constitution and simply argue the United States Constitution. The Oklahoma Constitution provides an independent basis for those rights and is not dependent upon federal interpretation.

Article 2 Section 20 of the Oklahoma Constitution addresses the Rights of the Accussed in a Criminal case:

In all criminal prosecutions the accused shall have the right to a speedy and public trial by an impartial jury of the county in which the crime shall have been committed or, where uncertainty exists as to the county in which the crime was committed, the accused may be tried in any county in which the evidence indicates the crime might have been committed. Provided, that the venue may be changed to some other county of the state, on the application of the accused, in such manner as may be prescribed by law. He shall be informed of the nature and cause of the accusation against him and have a copy thereof, and be confronted with the witnesses against him, and have compulsory process for obtaining witnesses in his behalf. He shall have the right to be heard by himself and counsel; and in capital cases, at least two days before the case is called for trial, he shall be furnished with a list of the witnesses that will be called in chief, to prove the allegations of the indictment or information, together with their postoffice addresses.