Article II of the Arizona Constitution is titled the Declaration of Rights and is our state’s equivalent of the Bill of Rights.
Article II, Section 4
Due process of law
- No person shall be deprived of life, liberty, or property without due process of law.
Article II, Section 8
- No person shall be disturbed in his private affairs, or his home invaded, without authority of law.
Article II, Section 10
No Double Jeopardy
- No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense.
Article II, Section 11
Open Administration of Justice
- Justice in all cases shall be administered openly, and without unnecessary delay.
Article II, Section 13
Equal Privileges and Immunities
- No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.
Article II, Section 14
- The privilege of the writ of habeas corpus shall not be suspended by the authorities of the state.
Article II, Section 15
No Excessive Bail
No cruel and unusual punishment
- Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
Article II, Section 18
No Imprisonment for Debt
- There shall be no imprisonment for debt, except in cases of fraud.
Article II, Section 22
A. All persons charged with crime shall be bailable by sufficient sureties, except:
- For capital offenses, sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age when the proof is evident or the presumption great.
- For felony offenses committed when the person charged is already admitted to bail on a separate felony charge and where the proof is evident or the presumption great as to the present charge.
- For felony offenses if the person charged poses a substantial danger to any other person or the community, if no conditions of release which may be imposed will reasonably assure the safety of the other person or the community and if the proof is evident or the presumption great as to the present charge.
- For serious felony offenses as prescribed by the legislature if the person charged has entered or remained in the United States illegally and if the proof is evident or the presumption great as to the present charge.
B. The purposes of bail and any conditions of release that are set by a judicial officer include:
- Assuring the appearance of the accused.
- Protecting against the intimidation of witnesses.
- Protecting the safety of the victim, any other person or the community.
Article II, Section 23
Trial by Jury
- The right of trial by jury shall remain inviolate. Juries in criminal cases in which a sentence of death or imprisonment for thirty years or more is authorized by law shall consist of twelve persons. In all criminal cases the unanimous consent of the jurors shall be necessary to render a verdict. In all other cases, the number of jurors, not less than six, and the number required to render a verdict, shall be specified by law.
Article II, Section 24
Appear and Defend Against a Criminal Charge
Representation by Counsel
Be told the Nature and Content of the Charge
Testify on One’s Own Behalf
Compel Witnesses to Testify
An Impartial Jury
- In criminal prosecutions, the accused shall have the right to appear and defend in person, and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed, and the right to appeal in all cases; and in no instance shall any accused person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed.
Article II, Section 30
Public Indictment and Preliminary Hearing
- No person shall be prosecuted criminally in any court of record for felony or misdemeanor, otherwise than by information or indictment; no person shall be prosecuted for felony by information without having had a preliminary examination before a magistrate or having waived such preliminary examination.
Article II, Section 31
Damages for death or personal injuries
- No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person.
*Visit the Arizona State Legislature for information on sections not listed above. Last update 04-14-2009.