Massachusetts Constitution, Articles 12. Right to trial by jury
Massachusetts Constitution – Article XII: Right to Trial by Jury
Article XII of the Massachusetts Declaration of Rights (part of its Constitution, adopted in 1780) is a foundational civil liberty provision. It guarantees the right to due process and trial by jury in criminal prosecutions.
🔹 Full Text of Article XII (abridged for clarity):
“No subject shall be held to answer for any crimes or offense... until the same be fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself...
And every subject shall have a right to produce all proofs that may be favorable to him; to meet the witnesses against him face to face, and to be fully heard in his defense by himself, or his counsel at his election.
And no subject shall be arrested, imprisoned, despoiled, or deprived of his property... or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land.”
🔸 Key Rights in Article XII:
Right to Due Process
No person can be deprived of life, liberty, or property except by law or judgment of their peers.
Right to a Jury Trial
Protects the right to be judged by a jury of one's peers, not solely by government officials or judges.
Right Against Self-Incrimination
Individuals cannot be forced to testify against themselves, similar to the 5th Amendment of the U.S. Constitution.
Right to Know the Charges
Accused individuals must be fully and plainly informed of the charges against them.
Right to Confront Accusers
Guarantees the right to face and question witnesses.
Right to Legal Counsel
Accused individuals may defend themselves personally or through legal counsel.
Right to Present Evidence
Accused individuals have the right to present all favorable evidence.
✅ Significance:
Article XII reflects Enlightenment-era legal principles, especially those from English common law.
It has been cited in numerous Massachusetts Supreme Judicial Court cases affirming defendants’ rights.
It is broader in scope than the U.S. Constitution in some interpretations, especially in protecting due process and jury rights.
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