Freedomlaw.com PROPOSED FULLY INFORMED JURY BILL LANGUAGE FOR YOUR LEGISLATURE!

PROPOSED FULLY INFORMED JURY BILL LANGUAGE FOR YOUR LEGISLATURE! An accused or aggrieved party's right to trial by jury, in all instances where the government or any of its agencies is an opposing party, includes the right of the defense to inform the jurors of their power to judge the law as well as the evidence, and to vote on the verdict according to conscience.

This right shall not be infringed by any statute, juror oath, court order, or procedure or practice of the court, including the use of any method of jury selection which could preclude or limit the empanelment of jurors willing to exercise this power.

Nor shall this right be infringed by preventing any party to the trial, once the jurors have been informed of their powers, from presenting arguments to the jury which may pertain to issues of law and conscience, including (1) the merit, intent, constitutionality or applicability of the law in the instant case; (2) the motives, moral perspective, or circumstances of the accused or aggrieved party; (3) the degree and direction of guilt or actual harm done; or (4) the sanctions which may be applied to the losing party.

Before the jury hears a case, and again before jury deliberation begins, the court shall, upon request by the defense, inform the jurors of their rights in these words:

"As jurors, your first responsibility is to decide whether the defendant has broken the law. If you determine that the evidence will support a finding of guilt or liability as charged, you may so find.

"However, if so finding would violate your conscience or sense of justice, you may exercise your right to consider, in addition to other evidence and testimony presented, (a) the motives and circumstances of the defendant; (b) the extent to which the defendant's actions actually damaged the rights of another person; and (c) the merits of the law itself, and the wisdom of applying it to the defendant in the case before you.

"Such considerations may be used as a basis for finding a criminal defendant not guilty, or guilty of a lesser offense which is wholly contained in the original charge. In a civil case, such considerations may be used as a basis for finding the defendant not liable, or liable for less than the amount of damages claimed by the plaintiff.

"In no case may you escalate the charges against a criminal defendant, or increase the award to be paid by a civil defendant beyond the value of the damages claimed in the original complaint made by the plaintiff.

"The court cautions that with the exercise of your right to vote according to your own sense of right and wrong, instead of strictly according to the law, comes full personal, moral accountability for the verdict you bring in, both to yourself and to your community."

Failure to so inform the jury, failure to allow the defense to offer arguments, evidence or testimony as in points 1-4 above, or any other infraction of the above rules of procedure shall be grounds for mistrial and another trial by jury.

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* Note: there has been some interest in bill language which incorporates a requirement that the presiding judge read specific jury power language to the jury, upon request of the defense. This language combines the current suggested language with such a statement.

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