|
of the Constitution of the United States a
jury of twelve in a criminal case and no
less has been interpreted by the Supreme
Court for a good many years.
And that did not start there. It started
back in the Magna Carta, in our Consti-
tution, we carried in the Fifth Article of
the present Bill of Rights the right to jury
trial.
We have also provided in Article 21 of
the present Declaration of Rights in 1867
that it should be an impartial jury, with-
out whose unanimous consent he should not
be found guilty.
That has been interpreted as meaning
under the common law principle a jury of
twelve. Why should be abandon it? Why
should 'we enter into this field? I do not
care what they do in Scotland or England
or in Russia. I know that in the United
States of America and in Maryland there
are certain principles that I stand for and
I will not back down from.
We heard eminent witnesses and every
one of them with the exception of one was
in favor of the idea that in criminal cases
at least, the jury should be twelve, and the
verdict should be unanimous. If we are
going to protect the rights of the accused,
if we are going to give people every fail-
protection before we convict them and put
them in jail, then let us keep that twelve-
man jury and a unanimous verdict.
I cannot see anything that would disrupt
the Bar of Maryland and the people of this
State more than to tell them their rights
are not being enlarged, but shortened. I
hope this amendment is soundly defeated.
THE CHAIRMAN: Any other discus-
sion? Are you ready for the question?
Delegate Dulany.
DELEGATE DULANY: We are not
placing in the constitution the requirement
of a unanimous verdict. We ave leaving that to the legislature.
One thing we are overlooking is the
right of the defendant. Juries stay out for
12 or 14 hours or maybe a whole day,
coming in two or three times to the judge
for instructions. A jury which has been
out for 12 or 14 hours has had some doubt.
Many times they will come up with
acquittal. But they will not if one or two
are holding out for conviction on a minor
count.
I move the amendment be adopted.
|
THE CHAIRMAN: Delegate Willoner.
DELEGATE WILLONER: I would like
to rise to explain the problems in Scotland
and England. You have guilty, not guilty,
and you have a third jury verdict which is
"not proven."
It gives the stigma, but you cannot in-
carcerate. So the Scotland experience is
not the same as ours. In England the ex-
perience was that they were getting 40
percent acquittal.
In Prince George's we get 90 percent
convictions and the ten percent we lose,
we ought to lose, and I mean that from
the state's attorneys point of view.
I would say that this is such a funda-
mental right, I would want to quote only
one thing from Jefferson where he wrote:
"Were I called upon to decide whether the
people had best be omitted in the legisla-
tive and judicial department, it is better
to leave them out of the legislative. It is
essential that they have some part in the
execution of their laws." This is a horrible
procedure. A crime can end a person's en-
tire life. Three armed robbery convictions
can get you 30 years, -while a murder case
may end up with a manslaughter case,
which will give you a five-year sentence.
This is an individual right that no
transient majority should be able to step
up. It is proposed that a majority decide
whether a man go free or not.
THE CHAIRMAN: Are you ready for
the question? Before putting the question,
the Chair desires to ask Delegate Hender-
son, do you now withdraw Amendment No.
9 which was passed over yesterday?
DELEGATE HENDERSON: Yes, I do.
THE CHAIRMAN: Amendment No. 9
is withdrawn.
The Clerk will ring the quorum bell.
The question arises on the adoption of
Amendment No. 13 as modified. A Vote
Aye is a vote for the Amendment; a vote
No is a vote against.
Cast your votes.
Has every delegate voted? Does any dele-
gate desire to change his vote?
The Clerk will record the vote. There
being 44 votes in the affirmative and 76 in
the negative, the motion is lost and the
amendment fails.
Delegate Henderson, do you now desire
to offer your Amendment AG?
|
