A couple of lines from that bill -
(1) The legislature recognizes that the authority for trial jurors to judge the law as well as the facts provides protection for freedom and is consistent with the historic intent for the right to jury trial and that jurors may not be prevented from, punished for, or excluded for knowing about or exercising this historic prerogative.
(2) In all jury trials, the parties have the right to argue to the jurors that a law is unconstitutional, is unconstitutional as applied, or should be nullified for any other reason. Upon request by a party, the court in any jury trial shall inform the jurors that the jurors may judge both the facts and the law in the case. Denial of the instruction is reversible error.
(3) In all criminal trials, the court shall inform the jurors that the jurors may vote their conscience to acquit an accused in spite of technical guilt. Denial of the instruction is reversible error.
Montana's liberty leadership is gaining a fine momentum. Here is some ammo for our side in the battle for freedom. Details for the hearing Wednesday, February 02, 2011, are at bottom of article. My salute to Dr. Ed Berry of PolyMontana for the venue.
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