Text: SSB01130 Text: SSB01132 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 624.13A JURY INSTRUCTION –
1 2 RIGHT TO JUDGE LAW.
1 3 1. A defendant's right to trial by jury, in all instances
1 4 where the state or a political subdivision of the state is the
1 5 plaintiff, includes the right to inform the jury of the jury's
1 6 prerogative to judge the law as well as all the evidence, and
1 7 to render a verdict dictated by conscientious consideration.
1 8 This right shall not be limited by the rules of civil or
1 9 criminal procedure, juror's oath, court order, or procedure or
1 10 practice of the court, including the use of any method of jury
1 11 selection which could preclude or limit the empanelment of
1 12 jurors willing to exercise this power.
1 13 2. Once the jury has been informed in accordance with
1 14 subsection 1, a party to the action shall not be prohibited
1 15 from presenting arguments to the jury which may pertain to
1 16 issues of law and conscience, including the following:
1 17 a. The merit, intent, constitutionality, or applicability
1 18 of the law to the defendant's case.
1 19 b. The motive, moral perspective, or circumstances of the
1 20 defendant.
1 21 c. The degree and direction of guilt or actual harm done.
1 22 d. The sanctions which may be applied to the losing party.
1 23 3. Failure to allow the defendant to so inform the jury
1 24 shall be grounds for a mistrial and another trial by jury.
1 25 EXPLANATION
1 26 This bill provides that in any jury trial where the state
1 27 or one of its political subdivisions is the plaintiff the
1 28 defendant has the right to inform the jury of its prerogative
1 29 to judge the applicable law of the case as well as the facts
1 30 and to return a verdict which does not apply the law as
1 31 instructed by the judge. This right to inform the jury shall
1 32 not be limited by the rules of criminal or civil procedure,
1 33 court procedure or practice, or methods of jury selection
1 34 which might preclude or limit the selection of jurors who are
1 35 willing to judge the law as it applies to the case. The bill
2 1 also provides that any party to the trial shall not be
2 2 prohibited from presenting arguments to the jury pertaining to
2 3 issues of law and conscience. Finally, the bill provides that
2 4 failure to allow the defendant to inform the jury of its right
2 5 to judge the law as it applies to the case is grounds for a
2 6 mistrial and a new jury trial.
2 7 LSB 2485SC 78
2 8 tm/cf/24
Text: SSB01130 Text: SSB01132 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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