Difference between revisions of "Article 2, Arizona Constitution"

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{{AZConstitution}}{{tnr}}'''Article II''' of the [[Arizona Constitution]] is entitled '''Declaration of Rights''' and contains sections 1-35, including section 2.1 for a total of 36 sections, which describe the rights of both the citizens and state of Arizona.
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{{AZConstitution}}{{tnr}}'''Article II''' of the [[Arizona Constitution]] is entitled '''Declaration of Rights''' and contains sections 1-37, including section 2.1, which describe the rights of both the citizens and state of Arizona.
  
 
==Section 1==
 
==Section 1==

Revision as of 09:43, 16 July 2013

Arizona Constitution
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Preamble
Articles
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Article II of the Arizona Constitution is entitled Declaration of Rights and contains sections 1-37, including section 2.1, which describe the rights of both the citizens and state of Arizona.

Section 1

Text of Section 1:

Fundamental Principles; Recurrence to

A frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government.

Section 2

Text of Section 2:

Political Power; Purpose of Government

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.

Section 2.1

Text of Section 2.1:

Victims' Bill of Rights

(A) To preserve and protect victims' rights to justice and due process, a victim of crime has a right:

1. To be treated with fairness, respect, and dignity, and to be free from
intimidation, harassment, or abuse, throughout the criminal justice process.
2. To be informed, upon request, when the accused or convicted person is
released from custody or has escaped.
3. To be present at and, upon request, to be informed of all criminal
proceedings where the defendant has the right to be present.
4. To be heard at any proceeding involving a post-arrest release decision, a
negotiated plea, and sentencing.
5. 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.
6. 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.
7. To read pre-sentence reports relating to the crime against the victim when
they are available to the defendant.
8. To receive prompt restitution from the person or persons convicted of the
criminal conduct that caused the victim's loss or injury.
9. To be heard at any proceeding when any post-conviction release from
confinement is being considered.
10. To a speedy trial or disposition and prompt and final conclusion of the case
after the conviction and sentence.
11. 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.
12. 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.

Section 3

Text of Section 3:

Supreme Law of the Land

The Constitution of the United States is the supreme law of the land.

Section 4

Text of Section 4:

Due Process of Law

No person shall be deprived of life, liberty, or property without due process of law.

Section 5

Text of Section 5:

Right of Petition and of Assembly

The right of petition, and of the people peaceably to assemble for the common good, shall never be abridged.

Section 6

Text of Section 6:

Freedom of Speech and Press

Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.

Section 7

Text of Section 7:

Oaths and Affirmations

The mode of administering an oath, or affirmation, shall be such as shall be most consistent with and binding upon the conscience of the person to whom such oath, or affirmation, may be administered.

Section 8

Text of Section 8:

Right to Privacy

No person shall be disturbed in his private affairs, or his home invaded, without authority of law.

Section 9

Text of Section 9:

Irrevocable Grants of Privileges, Franchises or Immunities

No law granting irrevocably any privilege, franchise, or immunity shall be enacted.

Section 10

Text of Section 10:

Self-Incrimination; 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.

Section 11

Text of Section 11:

Administration of Justice

Justice in all cases shall be administered openly, and without unnecessary delay.

Section 12

Text of Section 12:

Liberty of Conscience; Appropriations for Religious Purposes Prohibited; Religious Freedom

The liberty of conscience secured by the provisions of this constitution shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise, or instruction, or to the support of any religious establishment. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror in consequence of his opinion on matters of religion, nor be questioned touching his religious belief in any court of justice to affect the weight of his testimony.

Section 13

Text of 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.

Section 14

Text of Section 14:

Habeas Corpus

The privilege of the writ of habeas corpus shall not be suspended by the authorities of the state.

Section 15

Text of Section 15:

Excessive Bail; Cruel and Unusual Punishment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

Section 16

Text of Section 16:

Corruption of Blood; Forfeiture of Estate

No conviction shall work corruption of blood, or forfeiture of estate.

Section 17

Text of Section 17:

Eminent Domain; Just Compensation for Private Property Taken; Public Use as Judicial Question

Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes, or ditches, on or across the lands of others for mining, agricultural, domestic, or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having first been made, paid into court for the owner, secured by bond as may be fixed by the court, or paid into the state treasury for the owner on such terms and conditions as the legislature may provide, and no right of way shall be appropriated to the use of any corporation other than municipal, until full compensation therefore be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.

Section 18

Text of Section 18:

Imprisonment for Debt

There shall be no imprisonment for debt, except in cases of fraud.

Section 19

Text of Section 19:

Bribery or Illegal Rebating; Witnesses; Self-Incrimination No Defense

Any person having knowledge or possession of facts that tend to establish the guilt of any other person or corporation charged with bribery or illegal rebating, shall not be excused from giving testimony or producing evidence, when legally called upon to do so, on the ground that it may tend to incriminate him under the laws of the state; but no person shall be prosecuted or subject to any penalty or forfeiture for, or on account of, any transaction, matter, or thing concerning which he may so testify or produce evidence.

Section 20

Text of Section 20:

Military Power Subordinate to Civil Power

The military shall be in strict subordination to the civil power.

Section 21

Text of Section 21:

Free and Equal Elections

All elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.

Section 22

Text of Section 22:

Bailable Offenses

A. All persons charged with crime shall be bailable by sufficient sureties, except:

1. 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.
2. 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.
3. 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.
4. 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:

1. Assuring the appearance of the accused.
2. Protecting against the intimidation of witnesses.
3. Protecting the safety of the victim, any other person or the community.

Section 23

Text of Section 23:

Trial by Jury; Number of Jurors Specified by Law

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.

Section 24

Text of Section 24:

Rights of Accused in Criminal Prosecutions

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.

Section 25

Text of Section 25:

Bills of Attainder; Ex Post Facto Laws; Impairment of Contract Obligations

No bill of attainder, ex-post-facto law, or law impairing the obligation of a contract, shall ever be enacted.

Section 26

Text of Section 26:

Bearing Arms

The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men.

Section 27

Text of Section 27:

Standing Army; Quartering Soldiers

No standing army shall be kept up by this state in time of peace, and no soldier shall in time of peace be quartered in any house without the consent of its owner, nor in time of war except in the manner prescribed by law.

Section 28

Text of Section 28:

Treason

Treason against the state shall consist only in levying war against the state, or adhering to its enemies, or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open court.

Section 29

Text of Section 29:

Hereditary Emoluments, Privileges or Powers; Perpetuities or Entailments

No hereditary emoluments, privileges, or powers shall be granted or conferred, and no law shall be enacted permitting any perpetuity or entailment in this state.

Section 30

Text of Section 30:

Indictment or Information; Preliminary Examination

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.

Section 31

Text of 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, except that a crime victim is not subject to a claim for damages by a person who is harmed while the person is attempting to engage in, engaging in or fleeing after having engaged in or attempted to engage in conduct that is classified as a felony offense.

Section 32

Text of Section 32:

Constitutional Provisions Mandatory

The provisions of this Constitution are mandatory, unless by express words they are declared to be otherwise.

Section 33

Text of Section 33:

Reservation of Rights

The enumeration in this Constitution of certain rights shall not be construed to deny others retained by the people.

Section 34

Text of Section 34:

Industrial Pursuits by State and Municipal Corporations

The state of Arizona and each municipal corporation within the state of Arizona shall have the right to engage in industrial pursuits.

Section 35

Text of Section 35:

Actions by Illegal Aliens Prohibited

A person who is present in this state in violation of federal immigration law related to improper entry by an alien shall not be awarded punitive damages in any action in any court in this state.

Section 36

Text of Section 36:

Preferential treatment or discrimination prohibited; exceptions; definition

This state shall not discriminate against or grant preferential treatment to any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting/

Amendment

Ratified on November 2, 2010, via voter approval of Proposition 107.

Section 37

Text of Section 37:

Right to secret ballot; employee representation

The right to vote by secret ballot for employee representation is fundamental and shall be guaranteed where local, state or federal law permits or requires elections, designations or authorizations for employee representation.

Amendment

Ratified on November 2, 2010, via voter approval of Proposition 113.

External links

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