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PROPOSED LANGUAGE FOR A BILL ALLOWING FULLY INFORMED JURIES
WHEN THE FACTS OF A CASE ARE ACKNOWLEDGED

In criminal cases:

"In any criminal action, upon pleading not guilty, the defendant may file an Acknowledgement of Facts with the court, which shall constitute a binding acknowledgement of the factual allegations of one or more of the charges against him; whereupon said defendant shall be entitled to a trial by jury in which, with regard to each charge for which he has acknowledged the facts, the following matters may be argued to and considered by the jury pursuant to its determination of a verdict:

[1]  Whether there are any circumstantial, motivational, or moral considerations which would mitigate, negate or redirect guilt;

[2]  Whether the law itself and the penalties which may be imposed upon conviction under the law are just, fair, and respectful of fundamental individual rights; and

[3]  Whether, after considering the above factors, applying the law as given by the judge in the instant case would produce a just and fair verdict.

The jurors shall be instructed in accordance with this section and, as part of their oath, shall affirm that they understand their role, power and responsibility in bringing in a verdict based upon the above considerations, the nature of the uncontested facts of the case notwithstanding.  No party to the trial may be prevented from encouraging the jury to reach a verdict based upon such considerations.  Failure by the court to instruct the jurors in accordance with this section shall be grounds for mistrial.

The rights recognized under this rule include the right to a trial by jury for any person criminally accused, notwithstanding any limitation which may otherwise be placed by law or custom upon that right according to the severity of potential punishment if convicted, provided that the defendant has first filed an Acknowledgement of Facts regarding said charge."

In civil cases:

"In any civil action tried to a jury, any party may, before trial, file an Acknowledgement of Facts with the court, which shall constitute a binding acknowledgement of the factual allegations of one or more specified claims or defenses pled by an opposing party; whereupon the acknowledging party shall be entitled to a trial by jury in which, with regard to each claim or defense for which he has admitted the facts, the following matters may be argued to and considered by the jury pursuant to its determination of a verdict:

[1]  Whether there are any circumstantial, motivational, or moral considerations which would mitigate, negate or redirect liability;

[2]  Whether the law itself or any applicable claims, defenses, or damages under the law are just, fair, and respectful of fundamental individual rights; and

[3]  Whether, after considering the above factors, applying the law as given by the judge in the instant case would produce a just, fair, and equitable determination.

The jurors shall be instructed in accordance with this section and, as part of their oath, shall affirm that they understand their role, power and responsibility in rendering a judgment based upon the above considerations, notwithstanding the acknowledged facts of the case.  No party to the trial may be prevented from encouraging the jury to reach its judgment based upon such considerations.  Failure by the court to instruct the jurors in accordance with this section shall be grounds for mistrial.

The rights recognized under this rule may not be used to oppose a motion for summary judgment unless the opposing party has first filed and Acknowledgement of Facts on the claim or defense at issue."

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