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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10049   View pdf image (33K)
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10,049

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property damage, the judge will turn to the jury and give

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them his intructions on the law. He will tell the jury

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what the law is, and he will tell them that they are bound

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by his statement to them of what the law is.

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And the jury in its function as a fact-finding

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body decides what the facts are under the law as the court

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has given it to them, each taking its own place in our scheme

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of justice.

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But when you come to a criminal case which may

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be one involving the question of whether the crime was

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robbery, whether it was receiving stolen good, whether it

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was larceny or whether it was embezzlement, and all the

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complications involved in all of those descriptions of what

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the law may be, the judge has to say to the jury: "Ladies

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and gen tlemen of the jury, what I have told you about the

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law is not binding on you. It is advisory only."

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In other words, a jury of lay people is supposed

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to be able to figure out for themselves what the complicated

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law may be in a given case.

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Now, if they get fooled and the verdict is

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not guilty, there can't be another trial, there can't be

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10049   View pdf image (33K)
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