S-0869.1/91       _______________________________________________

                                 SENATE BILL 5356

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senators Metcalf and Rasmussen.

Read first time January 29, 1991.  Referred to Committee on Law & Justice.

Informing jurors of their right to return a just verdict.

     AN ACT Relating to juries; adding a new section to chapter 10.04 RCW; and adding a new section to chapter 10.46 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 10.04 RCW to read as follows:

     (1) It is the natural right of every citizen of this state, when serving on a criminal trial jury, to judge both the law and the facts pertaining to the case before that jury, in order to determine whether justice will be serviced by applying the law to the defendant.  It is mandatory that all jurors be informed of this right.

     (2) Before the jury hears a case, and again before jury deliberation begins, the court shall inform the jurors of their rights in these words:  "As jurors, your first responsibility is to decide whether the defendant has broken the law.  If you decide that he has, but that you cannot in good conscience support a guilty verdict, you are not required to do so.  To reach a verdict that you believe is just, each of you has the right to consider to what extent the defendant's actions have actually caused harm or otherwise violated your sense of right and wrong.  If you believe justice requires it, you may also judge both the merits of the law under which he has been charged and the wisdom of applying that law to the defendant.  Accordingly, for each charge against the defendant, even if review of the evidence strictly in terms of the law would indicate a guilty verdict, you have the right to find him innocent.  The court cautions that with the exercise of this right comes full moral responsibility for the verdict you bring in."

     (3) As part of their oath, the jurors shall affirm that they understand the information concerning their rights which this section requires the court to give them, and no party to the trial may be prevented from encouraging jurors to exercise this right.  For the jurors to be so informed is declared to be part of the defendant's fundamental right to trial by jury, and failure to conduct any criminal trial in accordance with this section does not constitute harmless error, and is grounds for mistrial.  No potential juror may be disqualified from serving on a jury because he expresses willingness to judge the law or its application, or to vote according to conscience.

NEW SECTION. Sec. 2.  A new section is added to chapter 10.46 RCW to read as follows:

     (1) It is the natural right of every citizen of this state, when serving on a criminal trial jury, to judge both the law and the facts pertaining to the case before that jury, in order to determine whether justice will be serviced by applying the law to the defendant.  It is mandatory that all jurors be informed of this right.

     (2) Before the jury hears a case, and again before jury deliberation begins, the court shall inform the jurors of their rights in these words:  "As jurors, your first responsibility is to decide whether the defendant has broken the law.  If you decide that he has, but that you cannot in good conscience support a guilty verdict, you are not required to do so.  To reach a verdict that you believe is just, each of you has the right to consider to what extent the defendant's actions have actually caused harm or otherwise violated your sense of right and wrong.  If you believe justice requires it, you may also judge both the merits of the law under which he has been charged and the wisdom of applying that law to the defendant.  Accordingly, for each charge against the defendant, even if review of the evidence strictly in terms of the law would indicate a guilty verdict, you have the right to find him innocent.  The court cautions that with the exercise of this right comes full moral responsibility for the verdict you bring in."

     (3) As part of their oath, the jurors shall affirm that they understand the information concerning their rights which this section requires the court to give them, and no party to the trial may be prevented from encouraging jurors to exercise this right.  For the jurors to be so informed is declared to be part of the defendant's fundamental right to trial by jury, and failure to conduct any criminal trial in accordance with this section does not constitute harmless error, and is grounds for mistrial.  No potential juror may be disqualified from serving on a jury because he expresses willingness to judge the law or its application, or to vote according to conscience.