Oregon Jury Instruction Amendment (2010)
|Not on Ballot|
| This measure did not or |
will not appear on a ballot
The ballot title read as follows:
Requires court to instruct jurors not to follow law if verdict against defendant is "unjust."
Result of "Yes" Vote: "Yes" vote requires judge to instruct jurors they may disregard applicable law to prevent an "unjust" verdict against defendant, which is impermissible under current law.
Result of "No" Vote: "No" vote maintains current law, which commits issues of law to the judge and requires juries to apply the law as instructed by the judge.
Summary: Current Oregon law requires jury to apply the law as instructed by the judge. The measure changes existing law by requiring that a specified statement be read and handed or displayed to jury, stating that a judge may be wrong, an attorney over-zealous, or a law unjust, and that jurors have a right and duty to judge both facts and law applying to the case. The statement informs jurors that they may disregard judge's jury instructions and the language of the law; informs the jurors of their "right" to exercise "common sense" and "conscience" and to find in favor of the defendant if they believe following judge's instructions or language of the law would result in "unjust" verdict (quoted terms not defined). Other provisions.
Path to the ballot
- See also: Oregon signature requirements
According to the secretary of state, supporters did not file signatures in an attempt to qualify the measure for the 2010 ballot. Initiative petitions for statutes required six percent of 1,379,475, or 82,769 signatures. The deadline for filing signatures for the November 2, 2010 ballot was July 2, 2010.
- Full text of proposal, as filed
- Amendment ballot title, August 25, 2008
- Supreme Court ballot title ruling - received August 25, 2008
State of Oregon
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