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DELEGATE BOTHE: I know that you personally have

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been both a prosecutor and defense counsel. Is it your

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personal opinion that juries should be able to decide what the

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applicable law is?

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DELEGATE JAMES: Delegate Willoner.

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DELEGATE WILLONER: There are times when I think

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that is true. We have a rather poor definition of the

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premeditated murd er in Maryland, The courts have developed

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it. I can certainly think from the debates we have had

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today, maybe judges and lawyers aren't so smart about the

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law after all.

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But we have premeditation in Maryland that is

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described roughly as the deliberation it takes to aim a

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pistol for the second shot is enough to be premeditated

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murder, and I know it is very difficult to get a jury to

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convict unless it is a police officer or some person like

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that that is shot.

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Juries disregard that instruction, although there

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is no doubt that two shots were fired, and they were shot

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at the vital part of the body.

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So the juries do in fact disregard. I am not