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ment, or could we also pass this upon
consideration of Delegate Henderson's?
DELEGATE JAMES: Mr. Chairman, I
believe Delegate Clark and I would like
to offer our amendment. It is a very simple
amendment and it is easy to explain. I
think we can take a quick vote on it.
THE CHAIRMAN: Very well. In doing
this, the Chair will rule that action on
this amendment, regardless of which way
it goes, will not preclude consideration and
action upon Amendment No. 9, or change
or modify thereof.
Will the Pages please distribute Amend-
ment "R".
This will be Amendment No. 10.
The Clerk will read the amendment.
READING CLERK: Amendment No. 10
to Committee Recommendation R&P-1 by
Delegate James and James Clark:
On page 3 section 5, Rights of Accused,
in line 11 strike out the word "unanimous".
THE CHAIRMAN: The amendment has
been offered by Delegate James and sec-
onded by Delegate James Clark.
The Chair recognizes Delegate James.
DELEGATE JAMES: Mr. Chairman,
fellow delegates, I am not going to repeat
all of the arguments that have been made
in favor of the less than unanimous jury
verdict in criminal cases. Suffice it to say
that if this is adopted, the common law
jury of twelve which would continue to
exist in Maryland, the common law re-
quirement of a unanimity of verdict would
continue, unless the General Assembly pro-
vides for a verdict of less than twelve in an
appropriate case.
In other words, the character of the jury
trial would be a matter of legislative ac-
tion. I submit that this is a very simple
proposition and I urge you to vote for it.
THE CHAIRMAN: Are there any ques-
tions of the sponsor?
Delegate Henderson.
DELEGATE HENDERSON: Mr. Chair-
man, this is one of the things that I con-
sidered in this drafting problem, and the
reason I first thought by striking out the
word "unanimous", that it would leave it
to the legislature to fix the number that
was necessary for a verdict. However, I
found from the research memorandum
which was submitted to me that the
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word, "jury," has been construed to mean
a unanimous jury, and nothing else but a
unanimous jury. That is the reason in
these other states it was necessary to
amend their constitutions in order to give
the legislature authority to do that. Now,
by merely striking out the word "unani-
mous" and leaving the word "jury" in
there, I am afraid you would still throw
the unanimity into it by use of that word.
THE CHAIRMAN : Delegate Gleason.
DELEGATE GLEASON: Mr. Chairman,
I reached the same conclusion, through a
different method. I wonder whether the
sponsors of the amendment by striking the
word "unanimous", if it is approved, are
going to get the objective that they think.
It will read, "public trial by an impartial
jury of twelve without whose consent."
Then you have to ask consent of whom, and
it has to be of the jury, and if it is the
consent of the jury, it would have to be
the whole concept of the jury, which would
be unanimous. There is nothing in here
that gives the authority to the General As-
sembly to provide a lesser number. I do
not understand the purpose of this.
THE CHAIRMAN: Delegate James.
DELEGATE JAMES: This could be a
correct argument. I would think that the
fact that the Convention struck out the
word "unanimous" would be sufficient, but
in order to obviate that, I will withdraw the
amendment.
THE CHAIRMAN: The amendment is
withdrawn.
Delegate Case, do you desire to offer an
amendment?
Is Delegate Case in the chamber?
Delegate Lord, Delegate Carson, do you
desire to offer your amendment AB ?
Delegate Case.
DELEGATE 'CASE: Mr. Chairman, we
have a point here that gives us some con-
cern. We drafted an amendment to attempt
to correct it. We talked to the Committee
about it and are still talking to them. I am
wondering if it would be possible to pass it
at this point and come back to it.
THE CHAIRMAN: Yes.
Delegate Adkins, do you desire to offer
your amendment M?
DELEGATE ADKINS: Yes, I do, Mr.
Chairman.
THE CHAIRMAN: Will the pages please
distribute Amendment M. This will be
Amendment No. 11.
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