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:

http://www.mdarchives.state.md.us/m...html/00dec.html

quote:

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.

Rick

John Wilde wrote:

> there are two indiana and maryland.  It is in their constitutions.

>

> g'day

> 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