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.

(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.

(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 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 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 II- PROCESS ; WARRANTS AND ARREST

§120. Rights of Persons Arrested.

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

(b) to fail to ensure that the arrested person has a prompt opportunity to challenge the arrest’s legality ;

PART II- PROCESS ; WARRANTS AND ARREST

§120. Rights of Persons Arrested.

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

(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 ;

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.

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