10,032

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in arguing facts to a jury for this without confusing juries

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by arguing law as well.

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In fact, the jury is handcuffed. They can't take

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the lawbook that the prosecutor and defense counsel use in

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the jury room with them and they don't have these tools to

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help them decide the case.

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Another reason for deleting it is that this

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provision encourages inconsistency in results of criminal

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trials.

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A final reason is that it doesn't mean what it

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says because in fact the juries are not really judges of the

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law in the true sense as the amendment suggests, but this

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has been somewhat curtailed in recent years. If it were

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given literal meaning, it is perfectly clear that it would

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violate the equal protection and due process law in the U.S.

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Constitution and therefore would be void. There is ab-

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solutely no reason for continuing this in the present day,

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particularly with all of the real protections that the

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Supreme Court, is now requiring the states to afford criminal

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defendants .

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We respectfully suggest that this archaic