Utah Constitution
Page 2
(1) All persons charged with a crime shall be bailable except:
(a) persons charged with a capital offense when there is substantial evidence to support the
charge; or
(b) persons charged with a felony while on probation or parole, or while free on bail awaiting trial
on a previous felony charge, when there is substantial evidence to support the new felony
charge; or
(c) persons charged with any other crime, designated by statute as one for which bail may be
denied, if there is substantial evidence to support the charge and the court finds by clear
and convincing evidence that the person would constitute a substantial danger to any other
person or to the community or is likely to flee the jurisdiction of the court if released on bail.
(2) Persons convicted of a crime are bailable pending appeal only as prescribed by law.
Article I, Section 9 [Excessive bail and fines -- Cruel punishments.]
Excessive bail shall not be required; excessive fines shall not be imposed; nor shall cruel
and unusual punishments be inflicted. Persons arrested or imprisoned shall not be treated with
unnecessary rigor.
Article I, Section 10 [Trial by jury.]
In capital cases the right of trial by jury shall remain inviolate. In capital cases the jury shall
consist of twelve persons, and in all other felony cases, the jury shall consist of no fewer than
eight persons. In other cases, the Legislature shall establish the number of jurors by statute, but
in no event shall a jury consist of fewer than four persons. In criminal cases the verdict shall be
unanimous. In civil cases three-fourths of the jurors may find a verdict. A jury in civil cases shall be
waived unless demanded.
Article I, Section 11 [Courts open -- Redress of injuries.]
All courts shall be open, and every person, for an injury done to the person in his or her person,
property, or reputation, shall have remedy by due course of law, which shall be administered
without denial or unnecessary delay; and no person shall be barred from prosecuting or defending
before any tribunal in this State, with or without counsel, any civil cause to which the person is a
party.
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, to have a copy thereof, to testify in the
accused's own behalf, to be confronted by the witnesses against the accused, to have compulsory
process to compel the attendance of witnesses in the accused's 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 or herself; a person shall not
be compelled to testify against the person's spouse, nor shall any person be twice put in jeopardy
for the same offense.