Current Status Bill Number:218 Type of Legislation:Joint Resolution JR Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Glover All Sponsors:Glover Drafted Document Number:RES9495.MWG Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Jury, right to judge laws
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941017 Prefiled, referred to Committee 11 SJ
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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?
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'."