Bill Text: IA HF542 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to jurors judging the law as well as finding the facts in a trial.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF542 Detail]
Download: Iowa-2011-HF542-Introduced.html
House
File
542
-
Introduced
HOUSE
FILE
542
BY
PEARSON
A
BILL
FOR
An
Act
relating
to
jurors
judging
the
law
as
well
as
finding
1
the
facts
in
a
trial.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2390HH
(3)
84
jm/rj
H.F.
542
Section
1.
NEW
SECTION
.
624.39
Jury
right
to
judge
law.
1
1.
In
all
cases
where
the
state
or
a
political
subdivision
2
of
the
state
is
the
plaintiff,
the
rights
of
the
defendant
3
include
the
right
to
inform
the
jury
of
the
jury’s
right
to
4
judge
the
law
as
well
as
be
finders
of
fact,
and
to
render
a
5
verdict
based
upon
conscience.
6
2.
a.
The
right
of
the
jury
to
judge
the
law
and
to
render
7
a
verdict
based
upon
conscience
in
subsection
1
is
absolute
8
and
shall
not
be
limited
by
the
rules
of
civil
or
criminal
9
procedure,
the
juror’s
oath,
a
court
order,
or
a
procedure
or
10
practice
of
the
court.
11
b.
A
method
or
procedure
shall
not
be
used
to
exclude
or
12
limit
the
empanelment
of
a
juror
willing
to
exercise
the
right
13
of
a
juror
to
judge
the
law
and
to
render
a
verdict
based
upon
14
conscience.
15
3.
After
a
jury
has
been
informed
of
the
right
to
judge
16
the
law
and
to
render
a
verdict
based
upon
conscience,
a
party
17
shall
not
be
prohibited
from
presenting
arguments
to
the
jury
18
which
relate
to
issues
of
the
law
and
conscience,
including
but
19
not
limited
to
the
following:
20
a.
The
merit,
intent,
constitutionality,
or
applicability
21
of
the
law
in
the
case.
22
b.
The
motive,
moral
perspective,
or
circumstances
of
the
23
defendant.
24
c.
The
degree
and
direction
of
guilt
or
actual
harm
done
in
25
the
case.
26
d.
The
punishment,
penalty,
or
other
sanction
that
may
be
27
applied
to
the
losing
party.
28
4.
It
shall
be
grounds
for
a
mistrial
if
the
court
prohibits
29
a
party
from
informing
the
jury
about
the
right
of
the
jury
to
30
judge
the
law
and
to
render
a
verdict
based
upon
conscience,
31
to
prohibit
arguments
appealing
to
conscience
as
provided
in
32
subsection
3,
or
to
instruct
a
jury
to
not
act
as
judges
of
the
33
law.
34
EXPLANATION
35
-1-
LSB
2390HH
(3)
84
jm/rj
1/
2
H.F.
542
This
bill
relates
to
jurors
judging
the
law
as
well
as
acting
1
as
finders
of
fact
in
a
trial.
2
The
bill
provides
that
in
cases
where
the
state
or
a
3
political
subdivision
of
the
state
is
the
plaintiff,
the
rights
4
of
the
defendant
include
the
right
to
inform
the
jury
to
judge
5
the
law
as
well
as
be
finders
of
fact,
and
to
render
a
verdict
6
based
upon
the
law
and
conscience.
7
The
bill
establishes
the
right
of
the
jury
to
be
absolute
and
8
not
to
be
limited
by
the
rules
of
civil
or
criminal
procedure,
9
the
juror’s
oath,
a
court
order,
or
a
procedure
or
practice
of
10
the
court.
11
The
bill
prohibits
the
use
of
a
method
or
procedure
to
12
exclude
or
limit
the
empanelment
of
a
juror
willing
to
exercise
13
the
right
to
judge
the
law.
14
Under
the
bill,
a
party
may
present
evidence
relating
to
the
15
merit,
intent,
constitutionality,
or
applicability
of
the
law
16
in
a
case;
the
motive,
moral
perspective,
or
circumstances
of
17
the
defendant;
the
degree
and
direction
of
guilt
or
actual
harm
18
done
in
the
case;
and
the
punishment
or
sanction
which
may
be
19
applied
to
the
losing
party
in
the
case.
20
Under
the
bill,
it
is
grounds
for
a
mistrial
if
the
court
21
prohibits
a
party
from
informing
the
jury
about
the
right
of
22
the
jury
to
judge
the
law,
to
prohibit
arguments
appealing
to
23
conscience
as
provided
in
subsection
3,
or
to
instruct
a
jury
24
to
not
act
as
judges
of
the
law.
25
-2-
LSB
2390HH
(3)
84
jm/rj
2/
2
