H 3766 Session 110 (1993-1994)
H 3766 Joint Resolution, By J. Brown, J. Hines, McMahand, J.H. Neal and Scott
Similar(S 606)
A Joint Resolution proposing an amendment to Section 14, Article 1 of the
Constitution of South Carolina, 1895, relating to trial by jury, so as to
provide for the duties and responsibilities of the jury and proposing an
amendment to Section 21, Article V, relating to the charge to a jury, so as to
provide that a jury has the right to judge the law, as well as the facts.
03/24/93 House Introduced and read first time HJ-7
03/24/93 House Referred to Committee on Judiciary HJ-7
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE I OF
THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING
TO TRIAL BY JURY, SO AS TO PROVIDE FOR THE DUTIES AND
RESPONSIBILITIES OF THE JURY AND PROPOSING AN
AMENDMENT TO SECTION 21, ARTICLE V, RELATING TO THE
CHARGE TO A JURY, SO AS TO PROVIDE THAT A JURY HAS
THE RIGHT TO JUDGE THE LAW, AS WELL AS THE FACTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 14, Article I of the
Constitution of this State be amended to read:
"Section 14. The right of trial by jury shall be preserved
inviolate. Any person charged with an offense shall enjoy the right to a
speedy and public trial by an impartial jury; to be fully informed of the
nature and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his
favor, and to be fully heard in his defense by himself or by his counsel
or by both.
It is the natural right of every citizen of this State, when serving
on a trial jury, whether in a criminal trial or in a civil action in which the
State, county, or municipality, or any agent of the government is a party
to the action, to judge both the law and the facts pertaining to the case
before that jury, in order to determine whether justice will be served by
applying the law to the criminal defendant or private litigant. It is
mandatory that all jurors be informed of this right.
Before the jury hears a criminal case, and again before jury
deliberation begins, the court shall inform the jurors of their rights and
responsibilities. As part of their oath, the jurors shall affirm that they
understand the information concerning their rights and responsibilities
which this section requires the court to give them, and no party to the
trial may be prevented from encouraging jurors to exercise this right.
For the jurors to be so informed is a part of the defendant's fundamental
right to trial by jury, and failure to conduct any criminal trial in
accordance with this section and with Sections 21 and 22 of Article V
does not constitute harmless error, and is sufficient grounds for mistrial.
No potential juror may be disqualified from serving on a jury because he
expresses willingness to judge the law or its application, or to vote
according to conscience."
SECTION 2. It is proposed that Section 21, Article V of the
Constitution of this State be amended to read:
"Section 21. Judges shall not charge juries in respect to
matters of fact, but shall declare the law.
Before the jury hears a criminal case, and again before jury
deliberation begins, the court shall inform the jurors of their rights and
responsibilities in these words: `As jurors, it is your right and
responsibility to judge both the law and the fact in controversy. In
judging the law, you are expected to pay that respect which is due to the
opinion of this court, and in judging the fact, your first responsibility is
to decide whether the prosecution has proven beyond a reasonable doubt
that the defendant has violated the law. However, if you decide that the
violation has been proven beyond a reasonable doubt, but that you
cannot in good conscience support a guilty verdict, you are not required
to do so. To reach a verdict that you believe is just and equitable, each
of you has the right and the responsibility to consider to what extent the
defendant's actions have actually caused harm or otherwise violated your
sense of right and wrong. If you believe justice requires it, you have the
responsibility to judge both the merits of the law under which he has
been charged and the wisdom of applying that law to the defendant in
this particular case. Accordingly, for each charge against the defendant,
even if review of the evidence strictly in terms of the law would indicate
that he did violate the law, you have the right to find him not guilty. The
court cautions each of you that with the exercise of this right comes full,
an individual moral responsibility for the verdict you bring in. In casting
your individual vote, you must vote for the verdict you find consistent
with your own independent judgement of both the facts and the law.
You may consider the arguments and opinions of fellow jurors in
reaching your own decision, but you must not allow your judgement to
be influenced by a desire to reach unanimity'."
SECTION 3. The proposed amendments must be submitted to the
qualified electors at the next general election for representatives. Ballots
must be provided at the various voting precincts with the following
words printed or written on the ballot:
"Must Section 14, Article I and Section 21, Article V of the
Constitution of this State be amended so as to provide that trial judges
must inform jurors of their right to judge both the law and the facts in all
cases in which the government is a party?
Yes []
No []
Those voting in favor of the question shall deposit a ballot with a check
or cross mark in the square after the word `Yes', and those voting against
the question shall deposit a ballot with a check or cross mark in the
square after the word `No'."
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