NCJ Number
43074
Journal
WASHINGTON UNEVERSITY LAW QUARTERLY Volume: 1976 Issue: 4 Dated: (FALL 1976) Pages: 571-607
Date Published
1976
Length
37 pages
Annotation
THE JURIES IN TWO STATES, MARYLAND AND INDIANA, RETAIN CONSTITUTIONAL AUTHORITY TO ACT AS JUDGES OF LAW AS WELL AS OF FACT. THE AUTHOR SUPPORTS RETENTION OF THE LAW IN MARYLAND.
Abstract
THIS ARTICLE WILL EXAMINE THIS ONCE COMMON BUT NOW NEARLY EXTINCT PRACTICE, AND EXPLORE THE DESIRABILITY OF ITS RETENTION. THE FOCUS IS UPON ARTICLE XV, SECTION 5, OF THE MARYLAND CONSTITUTION, WHICH PROVIDES THAT 'IN THE TRIAL OF ALL CRIMINAL CASES, THE JURY SHALL BE THE JUDGES OF LAW, AS WELL AS OF FACT, EXCEPT THAT THE COURT MAY PASS UPON THE SUFFICIENCY OF THE EVIDENCE TO SUSTAIN A CONVICTION.' ARTICLE XV, SECTION 5, HAS BEEN INTERPRETED TO EMPOWER MARYLAND JURIES TO RESOLVE CONFLICTING INTERPRETATIONS OF STATE CRIMINAL LAW AND TO DETERMINE THE APPLICABILITY OF THE LAW TO PARTICULAR FACTUAL SITUATIONS. OVER THE YEARS THIS CONSTITUTIONAL PROVISION HAS ACCOUNTED FOR MUCH CONTROVERSY AMONG MEMBERS OF THE MARYLAND BAR. THE PRESENT INQUIRY DIFFERS FUNDAMENTALLY FROM PREVIOUS TREATMENTS OF THE SUBJECT, HOWEVER, BECAUSE IT IS BASED PRIMARILY UPON A QUESTIONNAIRE SENT TO MARYLAND CIRCUIT JUDGES, AND IS SUPPLEMENTED BY PERSONAL INTERVIEWS CONDUCTED BY THE AUTHOR. FOLLOWING A BRIEF DISCUSSION OF SOME OF THE LEGAL ISSUES RAISED BY MARYLAND'S SYSTEM, THE ARTICLE WILL EXAMINE THE SURVEY RESULTS TO DETERMINE THE CURRENT SIGNIFICANCE OF THE PRACTICE. THE ARTICLE ENDS WITH AN ASSESSMENT OF THE VALUE OF ARTICLE XV, SECTION 5, TO THE MARYLAND JUDICIAL SYSTEM. (AUTHOR ABSTRACT)...KAP