According to Massachusetts Constitution Article 12, what must happen before someone can be held for a crime?

The Massachusetts Constitution Article 12 emphasizes the importance of due process and the protection of individual rights in the context of criminal proceedings. Specifically, it mandates that before an individual can be held accountable for a crime, they must be informed of the nature and cause of the accusations against them. This requirement ensures that a person understands the specific charges they face, allowing them to prepare an adequate defense.

This principle aligns with the broader legal doctrine of due process, which informs not only the state's obligation to provide fair procedures but also the necessity for transparency in the charges brought against an individual. The focus on formally describing the charges serves to safeguard against arbitrary detention and unjust prosecution.

While aspects like having legal representation, being informed of their rights, or being granted bail are also important components of a fair legal process, they are not explicitly required by Article 12 as a precondition for someone to be held for a crime. The core requirement is that the charges must be clearly defined and communicated to the accused.