WHEREAS trial by jury has been the cornerstone of our justice system dating back for centuries even before it’s formal inclusion in the Magna Charta (The Great Charter) in 1215, and
WHEREAS trial by jury has been the greatest barrier ever invented by mankind for prevention of tyranny and abuse of power, and
WHEREAS preservation of trial by jury is essential to the preservation of our rights, liberties and justice, and
WHEREAS an essential of trial by jury is the rightful power of the jurors to judge the law and it’s application, as well as the facts in controversy before them, in order to prevent the imposition of unjust laws,
THEREFORE, WE THE PEOPLE OF THE GREAT STATE OF CALIFORNIA enact the following:
1) In all cases of trial by jury, the judge of said court, before and after the trial shall instruct the jury as follows:
"It is the duty of this court to advise you of the law,
and it is your duty to consider the instructions of the court; however,
if you find that the law is unjust, or that it’s application would produce an unjust verdict,
you may vote to acquit the defendant , or find him/her not liable for damages."
a. Failure of the judge to so instruct the jury shall be grounds for a mistrial and another trial by jury.
b. The right of the jury to judge the justness of the laws before it shall not be limited by any rules of civil or criminal procedure, juror’s oath, court order/rule, or procedure/practice of the court.
c. A juror’s previous knowledge of his right to judge the justness of the law shall not be a basis for precluding said juror from serving on the jury.
d. The full written text of this enactment, with the same emphasis, shall be given to each jury before jury deliberation.
2) All parties to the case may present arguments to the jury which may pertain to issues of law and justice, including the following:
a. The merit, intent, constitutionality, or applicability of the law to the defendant’s case.
b. The motive, moral perspective, or circumstances of the defendant.
c. The degree and direction of guilt or actual harm done.
d. The sanctions which may be applied to the losing party.
3) This act shall become effective thirty (30) days after passage. After passage, this new measure shall be codified in the Code of Civil Procedure as Section 191.5, and titled as: "Fully informed juries".
4) If any provision of this act is found to be unconstitutional, the remainder of this act shall remain in force and effect.
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Last Updated on Friday, 02 March 2012 09:00