Massachusetts Constitution, Articles 23. Right to counsel
Massachusetts Constitution – Article XXIII (23) addresses the Right to Counsel and is part of the Declaration of Rights, which outlines the fundamental rights and liberties of individuals in the Commonwealth.
📜 Article XXIII – Summary: Right to Counsel
Key Guarantee:
This article affirms that in criminal prosecutions, the accused has the right to be heard by themselves and by their counsel.
Main Provisions:
Every person charged with a crime has the right to legal representation.
The accused may defend themselves personally, or be assisted by an attorney.
This right is part of ensuring a fair trial and due process.
🔍 Important Notes:
This mirrors the 6th Amendment to the U.S. Constitution but exists independently under state constitutional law.
Massachusetts courts have interpreted this right broadly, requiring that counsel be provided, especially in serious criminal cases, even if the defendant cannot afford one.
It helps ensure that justice is accessible and not denied due to lack of resources.
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