Date: Mon, 16 Sep 2002 18:52:49 -0700 From: rdestep136@EARTHLINK.NET (RD) Subject: Re: FIJA instructions To: AZRKBA@asu.edu
http://www.state.in.us/legislative/ic/code/const/art1.html Section 19. In all criminal cases whatever, the jury shall have the right to determine the law and the facts.
Ya don't suppose Indiana's Supreme Court managed to screw this one up, did ya?
Check out Maryland:
Art. 5. (a) That the Inhabitants of Maryland are entitled to the Common Law of England, and the trial by Jury, according to the course of that Law, and to the benefit of such of the English statutes as existed on the Fourth day of July, seventeen hundred and seventy-six
(c) That notwithstanding the Common Law of England, nothing in this Constitution prohibits trial by jury of less than 12 jurors in any civil proceeding in which the right to a jury trial is preserved (amended by Chapters 203, 204, Acts of 1992, ratified Nov. 3, 1992). Art. 23. In the trial of all criminal cases, the Jury shall be the Judges of Law, as well as of fact, except that the Court may pass upon the sufficiency of the evidence to sustain a conviction.
John Wilde wrote:
> there are two indiana and maryland. It is in their constitutions.
> John Wilde
> RD wrote:
> > Jay and John,
> > I am told that there is at least one state which requires judges to give
> > the jury a FIJA-style instruction.
> > Is this true, and where is it? I couldn't find it with my searches.
> > Rick