Sec. 1. 15 MRSA §1261 is enacted to read:

§1261.__Fully Informed Jury Act

1.__Short title.__This section may be known and cited as "the Fully Informed Jury Act."

2.__Power to judge law.__A defendant's right to a trial by jury includes the right to inform the jury of the jury's power to judge the law as well as all the evidence and to render a verdict dictated by conscientious consideration.

3.__Evidence.__Once the jury has been informed in accordance with subsection 2, a party may not be prohibited from presenting arguments to the jury pertaining to issues of law and conscience, including the following:

A.__The merit, intent, constitutionality or applicability of the law to the defendant's case;

B.__The motive, moral perspective or circumstances of the defendant; and

C.__The degree of guilt or actual harm done.

4.__Mistrial or new trail.__Failure to allow the defendant to inform the jury as provided in subsection 2 is grounds for a mistrial or a new trial by jury.

5.__Application; actions.__This section applies only to actions in which the State or a political subdivision of the State is the plaintiff, including prosecutions for civil violations.

6.__Application; juries.__This section applies to juries impaneled on or after October 1, 2003.

SUMMARY

This bill enacts the Fully Informed Jury Act. It applies to all actions in which the defendant has a right to a jury trial and in which the State or a political subdivision of the State is the plaintiff.

This bill provides that the right to a trial by jury includes the right to inform the jury about the jury's power to judge the law as well as all the evidence. Failure to provide the defendant with the opportunity to inform the jury is grounds for a mistrial or a new trial.