Constitutional Initiative No. 104 (CI-104)
CONSTITUTIONAL INITIATIVE 104
A CONSTITUTIONAL AMENDMENT PROPOSED BY INITIATIVE PETITION.
Under Montana law, the trial judge directs the jury to apply the law contained in instructions provided by the trial judge. CI-104 amends the Montana Constitution to allow counsel in a criminal case to inform the jury that it may disregard the judge’s legal instructions and determine the law as well as the facts.
[ ] FOR amending the Montana Constitution to allow counsel to inform criminal trial jurors that they may determine the law as well as the facts.
[ ] AGAINST amending the Montana Constitution to allow counsel to inform criminal trial jurors that they may determine the law as well as the facts.
THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 104 (CI-104)
Article II, Section 26 of the Montana Constitution is amended as follows:
Section 26. Trial by Jury. ( 1 ) The right of trial by jury is secured to all and shall remain inviolate. But upon default of appearance or by consent of the parties expressed in such manner as the law may provide, all cases may be tried without a jury or before fewer than the number of jurors provided by law.
( 2 ) In all civil actions, two-thirds of the jury may render a verdict, and a verdict so rendered shall have the same force and effect as if all had concurred therein.
( 3 ) In all criminal actions, the verdict shall be unanimous. In the trial of all criminal cases, no judge or other officer of the court may prevent or restrict the jury at trial from being provided or receiving information from counsel about the right of the jury to judge the law as well as the facts.
New Section. Section 2. Effective Date. This act is effective April 1, 2011.