LD 103
pg. 1
LD 103 Title Page An Act To Establish the Fully Informed Jury Act BY REQUEST Page 2 of 2
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LR 977
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 15 MRSA §1261 is enacted to read:

 
§1261.__Fully Informed Jury Act

 
1.__Short title.__This section may be known and cited as "the
Fully Informed Jury Act."

 
2.__Power to judge law.__A defendant's right to a trial by
jury includes the right to inform the jury of the jury's power to
judge the law as well as all the evidence and to render a verdict
dictated by conscientious consideration.

 
3.__Evidence.__Once the jury has been informed in accordance
with subsection 2, a party may not be prohibited from presenting
arguments to the jury pertaining to issues of law and conscience,
including the following:

 
A.__The merit, intent, constitutionality or applicability of
the law to the defendant's case;

 
B.__The motive, moral perspective or circumstances of the
defendant; and

 
C.__The degree of guilt or actual harm done.

 
4.__Mistrial or new trial.__Failure to allow the defendant to
inform the jury as provided in subsection 2 is grounds for a
mistrial or a new trial by jury.

 
5.__Application; actions.__This section applies only to
actions in which the State or a political subdivision of the
State is the plaintiff, including prosecutions for civil
violations.

 
6.__Application; juries.__This section applies to juries
impaneled on or after October 1, 2005.

 
SUMMARY

 
This bill enacts the Fully Informed Jury Act. It applies to
all actions in which the defendant has a right to a jury trial
and in which the State or a political subdivision of the State is
the plaintiff.

 
This bill provides that the right to a trial by jury includes
the right to inform the jury about the jury's power to judge the
law as well as all the evidence. Failure to allow the defendant
to inform the jury is grounds for a mistrial or a new trial.


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