Arizona Constitution
THE ARIZONA STATE CONSTITUION
The Arizona State Constitution was drafted and ratified during the Constitutional Convention of 1910. The Constitution paved the way for Arizona to go from being a territory of the United States to becoming a full member of the United States.
The Constitution establishes fundamental rights for the citizens of Arizona. It is the bedrock for the relationship between the citizen and the government. The rights enshrined and protected in the Constitution, by outlining the limits of government power and defining the rights of every citizen, provide the framework within which the criminal law must function.
AACJ and its members are in the front-line of the fight to ensure that the rights set forth in the Arizona and United States Constitutions are afforded to all citizens accused of crime.
Questions and Answers about the Arizona Constitution
This is only a brief overview of constitutional provisions that affect rights of the accused. AACJ does not give legal advice. If you have been charged with a crime, you should consult with an attorney.
Selected sections of the Arizona Constitution are reproduced below. For the full text, visit the Arizona State Legislature.
Who has the power in Arizona, the government or the people?
According to Article II, Section 2, the government derives its power from the people, and their continuing consent to be governed.
What rights do I have as a citizen who has been charged with a crime?
The Constitution provides for the following rights:
Due process of law, Article II, Section 4.
Privacy, Article II, Section 8.
No Self-Incrimination, Article II, Section 10.
No Double Jeopardy, Article II, Section 10.
Open Administration of Justice, Article II, Section 11.
Equal Privileges and Immunities, Article II, Section 13.
Habeas Corpus, Article II, Section 14.
No Excessive Bail, Article II, Section 15.
No cruel and unusual punishment, Article II, Section 15.
No Imprisonment for Debt, Article II, Section 18.
Bail, Article II, Section 22.
Trial By Jury, Article II, Section 23.
Appear and Defend Against a Criminal Charge, Article II, Section 24.
Representation by Counsel, Article II, Section 24.
Be told the Nature and Content of the Charge, Article II, Section 24.
Testify on One's Own Behalf, Article II, Section 24.
Confront Witnesses, Article II, Section 24.
Compel Witnesses to Testify, Article II, Section 24.
Speedy Trial, Article II, Section 24.
An Impartial Jury, Article II, Section 24.
Appeal, Article II, Section 24.
Public Indictment and Preliminary Hearing, Article II, Section 30.
I Have Been Charged With a Very Serious Crime, Can I Still Be Released on Bail?
Maybe. The Arizona Constitution guarantees that nearly every person is entitled to bail which is not excessive. However, the Constitution also provides that certain crimes like capital murder, sexual assault, sexual assault with a minor under 15 or molestation of a child under 15 may not be bailable under certain circumstances. If the person is already released on bail, or the Judge finds that they are dangerous to the community, the Judge may deny bail. Article II, Section 15 and Article II, Section 22.
What Should the Judge Look At When Setting Bail?
The Judge should evaluate whether the bail will insure that the person charged with a crime will come to their court hearings, whether witnesses will be in danger, and whether the victim or members of the community may be in danger if the person is released. Article II, Section 22.
Are Juvenile Defendant's Treated Differently than Adults?
Yes, specific provisions have been added to give individuals under 18 additional rights. Article VI, Section 15. Juveniles may also be tried as adults in some circumstances. Article IV, Section 22.
Do Victims of Crimes have Constitutional Rights?
Yes, people who have been harmed have the same constitutional rights as everyone else. Once someone has been identified as a victim of a crime, they gain additional rights, including the right to privacy, dignity and information about the proceedings which are specifically protected during criminal proceedings. Article II, Section 2.1.
ARTICLE II. DECLARATION OF RIGHTS
2. Political power; purpose of government
Section 2. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.
2.1. Victims' bill of rights
Section 2.1. (A) To preserve and protect victims' rights to justice and due process, a victim of crime has a right:
- To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process.
- To be informed, upon request, when the accused or convicted person is released from custody or has escaped.
- To be present at and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present.
- To be heard at any proceeding involving a post-arrest release decision, a negotiated plea, and sentencing.
- To refuse an interview, deposition, or other discovery request by the defendant, the defendant's attorney, or other person acting on behalf of the defendant.
- To confer with the prosecution, after the crime against the victim has been charged, before trial or before any disposition of the case and to be informed of the disposition.
- To read pre-sentence reports relating to the crime against the victim when they are available to the defendant.
- To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim's loss or injury.
- To be heard at any proceeding when any post-conviction release from confinement is being considered.
- To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence.
- To have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights.
- To be informed of victims' constitutional rights.
(B) A victim's exercise of any right granted by this section shall not be grounds for dismissing any criminal proceeding or setting aside any conviction or sentence.
(C) "Victim" means a person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person's spouse, parent, child or other lawful representative, except if the person is in custody for an offense or is the accused.
(D) The legislature, or the people by initiative or referendum, have the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section, including the authority to extend any of these rights to juvenile proceedings.
(E) The enumeration in the constitution of certain rights for victims shall not be construed to deny or disparage others granted by the legislature or retained by victims.
4. Due process of law
Section 4. No person shall be deprived of life, liberty, or property without due process of law.
8. Right to privacy
Section 8. No person shall be disturbed in his private affairs, or his home invaded, without authority of law.
10. Self-incrimination; double jeopardy
Section 10. No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense.
11. Administration of justice
Section 11. Justice in all cases shall be administered openly, and without unnecessary delay.
13. Equal privileges and immunities
Section 13. 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.
14. Habeas corpus
Section 14. The privilege of the writ of habeas corpus shall not be suspended by the authorities of the state.
15. Excessive bail; cruel and unusual punishment
Section 15. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
18. Imprisonment for debt
Section 18. There shall be no imprisonment for debt, except in cases of fraud.
22. Bailable offenses
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.
- 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.
- 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.
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.
23. Trial by jury; number of jurors specified by law
Section 23. 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.
24. Rights of accused in criminal prosecutions
Section 24. 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.
30. Indictment or information; preliminary examination
Section 30. 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 IV. LEGISLATIVE DEPARTMENT
22. Juvenile justice; certain chronic and violent juvenile offenders prosecuted as adults; community alternatives for certain juvenile offenders; public proceedings and records.
Section 22. In order to preserve and protect the right of the people to justice and public safety, and to ensure fairness and accountability when juveniles engage in unlawful conduct, the legislature, or the people by initiative or referendum, shall have the authority to enact substantive and procedural laws regarding all proceedings and matters affecting such juveniles. The following rights, duties, and powers shall govern such proceedings and matters:
- Juveniles 15 years of age or older accused of murder, forcible sexual assault, armed robbery or other violent felony offenses as defined by statute shall be prosecuted as adults. Juveniles 15 years of age or older who are chronic felony offenders as defined by statute shall be prosecuted as adults. Upon conviction all such juveniles shall be subject to the same laws as adults, except as specifically provided by statute and by article 22, section 16 of this constitution. All other juveniles accused of unlawful conduct shall be prosecuted as provided by law. Every juvenile convicted of or found responsible for unlawful conduct shall make prompt restitution to any victims of such conduct for their injury or loss.
- County attorneys shall have the authority to defer the prosecution of juveniles who are not accused of violent offenses and who are not chronic felony offenders as defined by statute and to establish community-based alternatives for resolving matters involving such juveniles.
- All proceedings and matters involving juveniles accused of unlawful conduct shall be open to the public and all records of those proceedings shall be public records. Exceptions shall be made only for the protection of the privacy of innocent victims of crime, or when a court of competent jurisdiction finds a clear public interest in confidentiality.
ARTICLE VI JUDICIAL DEPARTMENT
15. Jurisdiction and authority in juvenile proceedings
Section 15. The jurisdiction and authority of the courts of this state in all proceedings and matters affecting juveniles shall be as provided by the legislature or the people by initiative or referendum.