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Bill seeks cure for jury system’s ‘inconsistency’
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Posted on Sep 01 2008
House Floor Leader Joseph James N. Camacho has introduced a bill that seeks to clarify an inconsistency with CNMI’s jury system.
Camacho’s House Bill 16-148 requires that all charges in the same court proceeding be submitted to the jury when one charge entitles a defendant to a jury trial.
He said it is necessary to remove inconsistent verdicts when a jury hears felony charges and the judge hears misdemeanor charges in a case arising out of the same events or transactions.
At present, a jury hears the case on felony charges. Felonies are crimes that are punishable with imprisonment of more than one year.
Also, a judge hears the case on misdemeanor charges. Misdemeanors are crimes that are punishable with imprisonment of less than one year.
Camacho told Saipan Tribune that often, when a case has both felony and misdemeanor charges, the jury and the judge arrive at inconsistent verdicts.
“For example, the jury can find a person not guilty on murder but the judge will find the person guilty of assault and battery,” said Camacho, who is a lawyer.
He said it is the intention of his bill to mandate that when a jury is already impaneled, the jury shall hear all of the felony and misdemeanor charges.
The lawmaker emphasized that there is no additional cost or expense since the jury is already sitting to hear the felony charges.
In the bill, Camacho underscored the importance of removing the inconsistency of entrusting a jury to deliberate on serious felony charges yet minor misdemeanor charges are handled by the judge.
“It is a matter of policy that juries are the true and proper body to deliberate on a defendant’s guilt or innocence. It is a matter of public policy that the people when acting as juries are the true and proper measure of the community’s norms, mores and standard,” he said.
Under the legislation, “ any person accused by information of committing a felony punishable by more than five years imprisonment or by more than $2,000 fine, or both, shall be entitled to a trial by a jury of six persons.”
The bill provides that when trial by jury is required on one count, the right shall extend to all counts in the information.
