ARTICLE II
BILL OF RIGHTS

Section 4. Due Process and Fair Trial.

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

ARTICLE II
BILL OF RIGHTS

Section 4. Due Process and Fair Trial.

(2) Every person charged with a criminal offense shall be presumed innocent until proven guilty beyond a reasonable doubt.

ARTICLE II
BILL OF RIGHTS

Section 4. Due Process and Fair Trial.

(4) In all criminal prosecutions, the accused shall enjoy the right to be informed promptly and in detail of the nature and cause of the accusation against him ; to a prompt judicial determination of whether there is good cause to hold him for trial ; to a speedy and public trial before an impartial tribunal ; to have adequate time and facilities for the preparation of his defense ; to defend himself in person or through legal assistance of his own choice and, if he lacks funds to procure such assistance, to receive it free of charge if the interests of justice so require, to be confronted with the witnesses against him ; and to have compulsory process for obtaining witnesses in his favor.

ARTICLE II
BILL OF RIGHTS

Section 4. Due Process and Fair Trial.

(6) No person shall be held to answer for a crime except on presentment or indictment or criminal information.

ARTICLE II
BILL OF RIGHTS

Section 4. Due Process and Fair Trial.

(7) No person shall be compelled in any criminal case to be a witness against himself, or against his spouse, parent, child, or sibling, or to give testimonial evidence against any such person whenever that evidence might directly or indirectly be used to obtain such person's criminal conviction.

ARTICLE II
BILL OF RIGHTS

Section 4. Due Process and Fair Trial.

(8) No person shall be subjected to coercive interrogation, nor may any involuntary confession or involuntary guilty plea, or any confession extracted from someone who has not been informed of his rights to silence and legal assistance and of the fact that what he says may be used against him, be used to support a criminal conviction.

ARTICLE II
BILL OF RIGHTS

Section 4. Due Process and Fair Trial.

(10) No person shall be preventively detained, involuntarily committed, or otherwise deprived of liberty outside the criminal process, except pursuant to Act, subject to fair procedures, and upon a clear showing that the person's release would gravely endanger his own health or safety or the health, safety, or property of others.

ARTICLE II
BILL OF RIGHTS

Section 6. Cruel and Unusual Punishment.

(3) No person shall be subjected to torture or to inhuman and degrading treatment, to cruel and unusual punishment, or to excessive fines or deprivations.

ARTICLE II
BILL OF RIGHTS

Section 7. Habeas Corpus.

(1) In order that the legality of any person's detention always remain subject to appropriate challenge in a court of law, the writ of habeas corpus shall not be suspended.

(2) Any person held in custody is entitled to apply, in person or through another, to any judge in the Republic of the Marshall Islands for a writ of habeas corpus.

(3) There shall be a prompt hearing on any application for a writ of habeas corpus, and if it appears that the person being detained is being held in violation of this Constitution or other law of the Republic, the judge with whom the application was filed shall order the immediate release of the person detained, subject to reasonable provisions for appeal by the detaining authority.

(4) In the case of a person detained pursuant to a criminal conviction or sentence, the judge with whom the application was filed shall determine whether the judgment underlying the challenged detention was rendered without jurisdiction or in violation of the detained person's rights under this Constitution or other law of the Republic and shall set the judgment aside and order the prisoner's release if either infirmity is found.

(5) The provisions of paragraphs (3) and (4) of this Section shall extend not only to the fact of the applicant's custody but also to such particular conditions of the applicant's custody as are challenged as being contrary to law.

(6) Insofar as a determination under paragraph (4) or paragraph (5) of this Section requires a ruling on a controverted matter, the judge with whom an application for habeas corpus has been filed shall treat as conclusive any prior determination of a court of record in which the applicant had a full and fair opportunity to litigate the matter, providing such determination either was ultimately upheld on appeal or was knowingly and voluntarily permitted to stand without challenge by the applicant.

''ARTICLE I, SUPREMACY OF THE CONSTITUTION, Section 4. Due Process and Fair Trial''

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

(2) Every person charged with a criminal offense shall be presumed innocent until proven guilty beyond a reasonable doubt.

(3) Bail shall not be required in an amount greater than needed to ensure that the accused will appear for trial, nor may any person be detained before trial when other means are available to provide reasonable assurance that he will not flee or gravely endanger the public safety.

(4) In all criminal prosecutions, the accused shall enjoy the right to be informed promptly and in detail of the nature and cause of the accusation against him; to a prompt judicial determination of whether there is good cause to hold him for trial; to a speedy and public trial before an impartial tribunal; to have adequate time and facilities for the preparation of his defense; to defend himself in person or through legal assistance of his own choice and, if he lacks funds to procure such assistance, to receive it free of charge if the interests of justice so require; to be confronted with the witnesses against him; and to have compulsory process for obtaining witnesses in his favor.

(5) There shall be a right to trial by jury, unless knowingly and voluntarily waived by the accused, whenever the applicable law makes the offense punishable by three (3) or more years in prison or, in the case of an offense for which no maximum is specified, whenever the sentence actually imposed is three (3) years or longer.

(6) No person shall be held to answer for a crime except on presentment or indictment or criminal information.

(7) No person shall be compelled in any criminal case to be a witness against himself, or against his spouse, parent, child, or sibling, or to give testimonial evidence against any such person whenever that evidence might directly or indirectly be used to obtain such person’s criminal conviction.

(8)No person shall be subjected to coercive interrogation, nor may any involuntary confession or involuntary guilty plea, or any confession extracted from someone who has not been informed of his rights to silence and legal assistance and of the fact that what he says may be used against him, be used to support a criminal conviction.

(9) No person shall be subjected to double jeopardy, but retrial shall be permitted after a conviction has been reversed on the defendant’s appeal.

(10) No person shall be preventively detained, involuntarily committed, or otherwise deprived of liberty outside the criminal process, except pursuant to Act, subject to fair procedures, and upon a clear showing that the person's release would gravely endanger his own health or safety, or the health, safety, or property of others.

''ARTICLE I, SUPREMACY OF THE CONSTITUTION, Section 6. Cruel and Unusual Punishment''

(1) No crime under the law of the Republic of the Marshall Islands may be punished by death.

(2) No sentence of imprisonment at hard labor shall be imposed on any person who has not attained the age of 18 years.

No person shall be subjected to torture or to inhuman and degrading treatment, [By way of Constitutional cruel and unusual punishment, or to excessive fines or deprivations. [By way of Constitutional Amendment #1, the term “"Marshall Islands”" as that term is first used herein, was replaced with the term “"Republic of the Marshall Islands”]"]

''ARTICLE I, SUPREMACY OF THE CONSTITUTION, Section 7. Habeas Corpus''

(1) In order that the legality of any person's detention always remain subject to appropriate challenge in a court of law, the writ of habeas corpus shall not be suspended.

(2) Any person held in custody is entitled to apply, in person or through another, to any judge in the Republic of the Marshall Islands for a writ of habeas corpus.

(3) There shall be a prompt hearing on any application for a writ of habeas corpus, and if it appears that the person being detained is being held in violation of this Constitution or other law of the Republic, the judge with whom the application was filed shall order the immediate release of the person detained, subject to reasonable provisions for appeal by the detaining authority.

(4) In the case of a person detained pursuant to a criminal conviction or sentence, the judge with whom the application was filed shall determine whether the judgment underlying the challenged detention was rendered without jurisdiction or in violation of the detained person's rights under this Constitution or other law of the Republic Marshall Islands and shall set the judgment aside and order the prisoner’s release if either infirmity is found.

(5)The provisions of paragraphs (3) and (4) of this Section shall extend not only to the fact of the applicant’s custody but also to such particular conditions of the applicant’s custody as are challenged as being contrary to law.

(6) Insofar as a determination under paragraph (4) or paragraph (5) of this Section requires a ruling on a controverted matter, the judge with whom an application for habeas corpus has been filed shall treat as conclusive any prior determination of a court of record in which the applicant had a full and fair opportunity to litigate the matter, providing such determination either was ultimately upheld on appeal or was knowingly and voluntarily permitted to stand without challenge by the applicant. [By way of Constitutional Amendment #1, the term "Marshall Islands" as that term is first used herein, was replaced with the term “"Republic of the Marshall Islands”" that Amendment also replaced the term “"Marshall Islands”" as it appears subsequently herein, with the term ''Republic”]

PART I - GENERAL PROVISIONS
ARTICLE 1. PRELIMINARY

§1.12. Proof Beyond a Reasonable Doubt; Defenses; Burden of Proving Fact When Not an Element of an Offense; Presumptions.
(1) No person may be convicted of an offense unless each element of such offense is proved beyond a reasonable doubt. In the absence of such proof, the innocence of the defendant is assumed.

PART II- PROCESS ; WARRANTS AND ARREST

§120. Rights of Persons Arrested.

(1) In any case of arrest it shall be unlawful :

(a) to fail to promptly and in detail inform the arrested person of the nature and cause of the accusation against that person ;
(b) to fail to ensure that the arrested person has a prompt opportunity to challenge the arrest’s legality ;
(c) to deny to the person so arrested the right to see at reasonable intervals, and for a reasonable time at the place of detention, counsel, or members of family, or employer, or a representative of employer ;
(d) to refuse or fail to make a reasonable effort to send a message by telephone, facsimile transmission, messenger or other expeditious means, to any person mentioned in paragraph (c) of this subsection, provided the arrested person so requests and such message can be sent without expense to the Government of the Marshall Islands or the arrested person prepays any expense there may be to the Government ;
(e) to fail either to release or charge such arrested person with a criminal offense within a reasonable time, which under no circumstances shall exceed twenty-four (24) hours ;
(f) for those having custody of one arrested, before questioning him about his participation in any crime, to fail to inform him of his rights and their obligations under Paragraphs (a)-(e) of this subsection and under Subsection (2) of this section.

(2) In addition, any person arrested shall be advised as follows :

(a) that the person has a right to remain silent and that anything the person says can be used against that person ;
(b) that the person has the right to legal assistance of that person’s choice and that if the persons lacks funds to procure such assistance, to receive it free of charge if the interests of justice so require ; and
(c) the circumstances, if any, under which the person may secure pretrial release.

PART IV - RIGHTS OF DEFENDANTS

§137. Enumerated.

Every defendant in a criminal case before a court of the Republic shall be entitled :

(a) to have in advance of trial a copy of the charge upon which he is to be tried ;
(b) to consult counsel before the trial and to have an attorney-at-law or other representative of his own choosing defend him at the trial ;
(c) to apply to the court for further time to prepare his defense, which the court shall grant if it is satisfied that the defendant will otherwise be substantially prejudiced in his defense ;
(d) to bring with him to the trial such material witnesses as he may desire or to have them summoned by the court at his request ;
(e) to give evidence on his own behalf at his own request at the trial, although he may not be compelled to do so ;
(f) to have proceedings interpreted for his benefit when he is unable to understand them otherwise ;

TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(a) In General.

(1) Appearance Upon an Arrest.

(A) A person making an arrest within the Republic must take the defendant without unnecessary delay before a judge, usually within 48 hours excluding weekends and holidays, unless a statute provides otherwise.
(B) A person making an arrest outside the Republic must take the defendant without unnecessary delay before a judge, unless a statute provides otherwise.

(2) Exceptions. If a defendant is arrested for violating probation or supervised release, Rule 32.1 applies.

TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(d) Procedure.

(1) Advice. At the defendant's initial appearance, the judge must inform the defendant of the following :

(A) the nature and cause of the accusations against the defendant and the information, complaint, or citation against the defendant, and any affidavit filed with it,

TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(d) Procedure.

(1) Advice. At the defendant's initial appearance, the judge must inform the defendant of the following :

(C) if the defendant is in custody, the defendant's right to see and contact legal counsel, family, and employer,

TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(d) Procedure.

(1) Advice. At the defendant's initial appearance, the judge must inform the defendant of the following :

(D) if the defendant is in custody, the defendant's right to be charged or released within a reasonable time,

TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(d) Procedure.

(1) Advice. At the defendant's initial appearance, the judge must inform the defendant of the following :

(E) the defendant's right to remain silent and that anything said can be used against the defendant,

TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(d) Procedure.

(1) Advice. At the defendant's initial appearance, the judge must inform the defendant of the following :

(F) the defendant's right to retain legal counsel and, if the defendant does not have the funds to retain legal counsel, to have the court appoint legal counsel for the defendant at no charge,

TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(d) Procedure.

(2) Consulting with Counsel. The judge must allow the defendant reasonable opportunity to consult with counsel.

TITLE II. PRELIMINARY PROCEEDINGS

Rule 5. Initial Appearance

(d) Procedure.

(3) Detention or Release. The judge must detain or release the defendant as provided by the Constitution, statute, and these rules, including Rule 46.

TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 10. Arraignment

(a) In General. An arraignment must be conducted in open court and must consist of :

(1) ensuring that the defendant has a copy of the information, complaint, or citation ;

TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 10. Arraignment

(a) In General. An arraignment must be conducted in open court and must consist of :

(2) reading the information, complaint, or citation to the defendant or stating to the defendant the substance of the charge, unless the defendant waives reading of the charge ;

TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 11. Pleas

(b) Considering and Accepting a Guilty or Nolo Contendere Plea.

(1) Advising and Questioning the Defendant. Before the court accepts a plea of guilty or nolo contendere, the defendant may be placed under oath, and the court must address the defendant personally in open court. During this address, the court must inform the defendant of, and determine that the defendant understands, the following :

(C) the right to be presumed innocent until proven guilty beyond a reasonable doubt ;

TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 16. Disclosure and Discovery

(c) Disclosure by the Government

(1) Except as otherwise provided in these rules as to protective orders, the government must, upon written request of defendant's counsel or, if the defendant is not represented by counsel, upon written request of the defendant, disclose to defendant's counsel or the defendant such part or all of the following material and information within its possession or control designated in said request :

(A) The names and last known addresses of persons known by the government to have information that relates to the subject matter of the offense, together with their written or recorded statements, and existing memoranda, reporting or summarizing part or all of their oral statements ;
(B) Any written or recorded statements and the substance of any oral statements made by the defendant or by a co-defendant, a list of all witnesses to the making and a list of all witnesses to the acknowledgment of such statements, and the last known addresses of such witnesses ;
(C) Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons ;
(D) A written summary of any testimony that the government intends to use under Rules 702, 703, or 705 of the Rules of Evidence at trial. The summary must describe the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications ;
(E) Any books, papers, documents, photographs, or objects, which pertain to the case or which were obtained from or belong to the defendant ;
(F) Any record of prior criminal convictions of the defendant and any persons the government or the defendant intends to call as witnesses at a hearing or the trial ;
(G) If there has been any photographic or electronic surveillance (including wiretapping), relating to the offense with which the defendant is charged, of the defendant or of conversations to which the defendant was a party or of the defendant's premises ; this disclosure must be in the form of a written statement by the government prosecutor briefly setting forth the facts pertaining to the time, place, and persons making the same ; and
(II) Any material or information, within the possession or control of the government, which tends to negate the guilt of the defendant as to the offense charged, mitigate the degree of the offense charged, or reduce the punishment.

(2) The request provided for by this rule must be made by serving a copy of the request upon the government prosecutor and each defendant to be tried jointly with the defendant. The original of such request must be filed in the court having jurisdiction to try the case.

TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 16. Disclosure and Discovery

(d) Disclosure by Government to Defendant by Court Order Requiring a Showing of Good Cause.

(1) The defense may make a written motion in the court having jurisdiction to try said case requesting the government to disclose material and information not covered by Rule 16(c). Such motion must specify the material or information sought to be disclosed. If the court finds the request to be reasonable, the court must order the government to disclose to the defendant that material and information requested which is found by the court to be relevant and material to the defendant's case.

(2) The court must specify the material and information to be disclosed and the time and manner in which the government must make disclosure under this rule.

TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 16. Disclosure and Discovery

(e) Disclosure by Defendant to Government Without Court Order.

(1) Except as otherwise provided in these rules as to protective orders, and subject to constitutional limitations, on written request by the government, the defendant must disclose to the government prosecutor such part or all of the following material or information within the defendant's possession or control designated in such request :

(A) Any reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons, which the defense intends to introduce into evidence at a hearing or trial, except those portions of any of the above containing statements made by the defendant need not be disclosed ;
(B) A written summary of any testimony that the defendant intends to use under Rules 702, 703, or 705 of the Rules of Evidence at trial. The summary must describe the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications ;
(C) The names and last known addresses of persons, other than defendant, whom defendant intends to call as witnesses at any hearing or at the trial, together with their written or recorded statements, and existing memoranda reporting or summarizing part or all of their oral statements ;
(D) Those parts of any books, papers, documents, photographs, or objects, except such as contain statements of the defendant, which the defendant intends to introduce in evidence at a hearing or trial ;
(E) If the defendant intends to rely on the defense of insanity at the time of the offense, disclosure of such intent must be in the form of a written statement by counsel for the defendant ; and
(F) If the defendant intends to rely on the defense of alibi and the government in its request specifies the place, date, and time of the crime charged, disclosure must be in the form of a written statement by counsel for the defendant, announcing such intent and giving specific information as to the place at which the defendant claims to have been at the time of the alleged offense, and, as particularly as is known, the names and addresses of the witnesses by whom the defendant proposes to establish such alibi.

(2) The request provided for by this rule must be made by serving a copy of the request upon the defendant or the defendant's attorney, and upon each defendant or the defendant's attorney who is to be tried jointly with the defendant. The original of such request must be filed in the court having jurisdiction to try the case.

TITLE VI. TRIAL

Rule 29.1. Trial Procedure.

The following is the usual trial procedure, which may be modified by the court to fit the circumstances of a particular case.

(a) Opening Statements. Prior to the presentation of evidence, the prosecution may make an opening statement. The defendant make may an opening statement after that given by the prosecution, unless the defendant elects to make an opening statement after the conclusion of the prosecution's case and before presenting evidence. The opening statement may not be used to argue law, but may identify what the prosecution or the defendant expects the evidence to be or how that evidence will prove the case. Counsel must refrain from making remarks that cannot be proven, but may state fully the matters counsel expects to prove by admissible evidence. Although counsel may argue as forcefully and ably as counsel's abilities permit, counsel may not inflame the passions of the jury or appeal to jury prejudice.

TITLE VI. TRIAL

Rule 29.1. Trial Procedure.

The following is the usual trial procedure, which may be modified by the court to fit the circumstances of a particular case.

(e) Cross-Examination. After each witness has given evidence, the defendant or defendant's counsel may cross-examine the witness upon any matter appearing in direct examination, or with the court's consent any other matter, and the credibility of the witness.

TITLE VI. TRIAL

Rule 29.1. Trial Procedure.

(i) The Defense.

(1) After the consideration of the prosecution's evidence and any action taken thereon as provided in paragraph (h) above, the court will call upon the defendant or defendant's counsel to present defendant's defense in respect to the charges against the defendant.

(2) The defendant may make an opening statement, if the defendant has not done so earlier. The defendant may also call and examine any witnesses for the defense in the same manner as is provided for the prosecution above. These witnesses are subject to cross-examination by the prosecution in the same manner as is provided for the defense above.

TITLE IX. GENERAL PROVISIONS

Rule 43. Defendant's Presence

(a) When Required. Unless this rule or Rule 10 provides otherwise, the defendant must be present at :

(1) the initial appearance, the initial arraignment, and the plea ;
(2) every trial stage, including jury impanelment, and the return of the verdict; and
(3) sentencing.

TITLE IX. GENERAL PROVISIONS

Rule 43. Defendant's Presence

(c) Waiving Continued Presence.

(1) In General. A defendant who was initially present at arraignment, or whose appearance at the arraignment was waived under Rule 10, waives the right to be present under the following circumstances :

(A) when the defendant is voluntarily absent during trial, regardless of whether the court informed the defendant that failure to appear after arraignment may be deemed a waiver or forfeiture of the right to be present during the trial and that the trial will continue in the defendant's absence ;
(B) when the defendant is voluntarily absent during sentencing ; or
(C) when the court warns the defendant that it will remove the defendant from the courtroom for disruptive behavior, but the defendant persists in conduct that justifies removal from the courtroom.

TITLE IX. GENERAL PROVISIONS

Rule 44. Right to and Appointment of Counsel

(a) Right to Appointed Counsel. A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right.