S 218 Session 111 (1995-1996)
S 0218 Joint Resolution, By Glover
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 21, ARTICLE V OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO TRIAL BY JURY, SO AS TO
PROVIDE FOR ADDITIONAL DUTIES AND RESPONSIBILITIES OF THE JURY AND TO PROVIDE
THAT A JURY HAS THE RIGHT TO JUDGE THE LAW AS WELL AS THE FACTS IN CRIMINAL
TRIALS AND IN CIVIL ACTIONS IN WHICH THE STATE, COUNTY, OR MUNICIPALITY, OR
ANY AGENT OF THE GOVERNMENT IS A PARTY TO THE ACTION.
10/17/94 Senate Prefiled
10/17/94 Senate Referred to Committee on Judiciary
01/10/95 Senate Introduced and read first time SJ-75
01/10/95 Senate Referred to Committee on Judiciary SJ-75
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 21, ARTICLE V
OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO TRIAL BY JURY, SO AS TO PROVIDE FOR
ADDITIONAL DUTIES AND RESPONSIBILITIES OF THE
JURY AND TO PROVIDE THAT A JURY HAS THE RIGHT TO
JUDGE THE LAW AS WELL AS THE FACTS IN CRIMINAL
TRIALS AND IN CIVIL ACTIONS IN WHICH THE STATE,
COUNTY, OR MUNICIPALITY, OR ANY AGENT OF THE
GOVERNMENT IS A PARTY TO THE ACTION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. It is proposed that Section 21, Article V of the
Constitution of this State be amended to read:
"Section 21. (A) Judges shall not charge juries in
respect to matters of fact, but shall declare the law.
(B) 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
Section 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.
(C) 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, 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 2. 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 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
criminal cases and 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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