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Topic: Jury Duty Section: Constitution of Maryland Table of Contents to this Topic |
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"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 oŁ the evidence to sustain a conviction." Article XV, section 5 of the Constitution of Maryland. "Because of this constitutional mandate, this instruction is given to criminal jurors in Maryland: 'Members of the Jury, this is a criminal case and under the Constitution and the Laws of the State of Maryland in a criminal case the jury are the judges of the law as well as of the facts in the case. So that whatever I tell you about the law while it is intended to be helpful to you in reaching a just and proper verdict in the case, it is not binding upon you as members of the jury and you may accept or reject it. And you may apply the law as you apprehend it to be in the case. "' Alan Scheflin and Jon Van Dyke, Jury Nullification: The Contours of a Controversy, Law and Contemporary Problems, 43, 83. (1980) |
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