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United States Court of Appeals for the Fourth Circuit - 372 F.2d 742
Tags: Criminal law, Due process
tl;dr:
Allowing the jury to decide both the law and the facts in any given case does not deprive the defendant of due process per se.Video Summary
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The appellant, a state prisoner, challenged the constitutionality of Article XV, section 5 of the Maryland Constitution, which allows the jury to determine both the law and the facts in a criminal trial. The District Court dismissed the petition based on a previous Supreme Court case, Giles v. Maryland, which found no substantial federal question regarding the constitutionality of section 5. The Court of Appeals of Maryland has consistently upheld the constitutionality of Article XV, section 5, which allows for this instruction. The appellant's argument is not supported by legal precedent. The court in Maryland has stated that judges have certain powers that limit the jury's authority, such as determining the admissibility of evidence and the competency of witnesses, and can set aside a guilty verdict if it is against the law or direct a verdict of acquittal if there is no evidence of murder or if the evidence is insufficient to go to the jury on the question of first degree murder. Rule 756, section b, of the Maryland Rules of Procedure mandates that the court must provide advisory instructions if requested by counsel. Juries cannot determine the constitutionality of a statute. The validity of Article XV, section 5 has been repeatedly upheld by the state court and the Supreme Court of the United States. Although several Maryland jurists have criticized the provision and advocated for its repeal or modification, it has been repeatedly upheld by the courts. The Court noted that state statute or judicial construction limits the provision, and that it does not invade a defendant's rights. However, the lower court erred in dismissing the petition based on a previous case without considering the appellant's argument.
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