Article I, Section 12. [Rights of accused persons.]
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 be confronted by the witnesses against him, 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 or district in which the offense is alleged to have
been committed, and the right to appeal in all cases. In no instance shall any accused person,
before final judgment, be compelled to advance money or fees to secure the rights herein
guaranteed. The accused shall not be compelled to give evidence against himself; a wife shall not
be compelled to testify against her husband, nor a husband against his wife, nor shall any person
be twice put in jeopardy for the same offense.
Where the defendant is otherwise entitled to a preliminary examination, the function of
that examination is limited to determining whether probable cause exists unless otherwise
provided by statute. Nothing in this constitution shall preclude the use of reliable hearsay
evidence as defined by statute or rule in whole or in part at any preliminary examination to
determine probable cause or at any pretrial proceeding with respect to release of the defendant if
appropriate discovery is allowed as defined by statute or rule.
No History for Constitution
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Last revised: Thursday, May 28, 2009