Indiana Constitution Quote

“In all criminal cases whatsoever, the jury shall have the right to determine the law and the facts.”

~ Indiana Constitution

Indiana Constitution Article I, Section 19

Ratings and Comments

Mike, Norwalk

Fantastic, as far as it goes. Civil cases should be mentioned and the jury needs be educated as to what "determine the law and the facts" means. To determine the law means; the subject code, ordinance, regulation, rule, statute, etc. being offered as the bases of infraction is in question; does that charging code, statute, etc. define the natural law in that specifically presented incident. Codes, statutes, etc. are not law within the de jure States united jurisprudence - they are only administrative tools used to define the natural law (each tool must be determined as to its lawful correctness or harmony to natural law on a case by case basis). Determine facts is an evidentiary quandary. A fact here is something that actually exists or happened in reality (a whole truth from all perspectives - inclusive of experience, observation, etc.) of an alleged event or circumstance; AND, how it relates to the natural law (not the code, statute, etc.)

jim k, Austin, Tx

Maybe they still have a constitution in Indiana, too bad we don't have one in the USA. Oh, we do have one, it's just that the politicians in congress ignore and trample on it.

E Archer, NYC

What we need are requirements of the judge to inform the jury of their duty as part of the instructions to the jury. This is what juries are for.


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