South Carolina General Assembly
109th Session, 1991-1992

Bill 4758


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    4758
Primary Sponsor:                Glover
Committee Number:               25
Type of Legislation:            JR
Subject:                        Jury, trial by
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       DKA/3803.AL
Introduced Date:                Apr 15, 1992
Last History Body:              House
Last History Date:              Apr 15, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Glover
Type of Legislation:            Joint Resolution



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4758  House   Apr 15, 1992  Introduced, read first time,    25
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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 TO PROPOSE 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 Section 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 your 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 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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