7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to jury instructions.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies rights of a defendant;
13 ▸ defines "manifestly unjust";
14 ▸ addresses jury instructions; and
15 ▸ makes technical and conforming amendments.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 77-1-6, as enacted by Laws of Utah 1980, Chapter 15
23 77-17-10, as enacted by Laws of Utah 1980, Chapter 15
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 77-1-6 is amended to read:
27 77-1-6. Rights of defendant.
28 (1) In criminal prosecutions the defendant is entitled to:
29 (a) [
30 (b) [
31 (c) [
32 (d) [
33 (e) [
34 defendant's behalf;
35 (f) [
36 offense is alleged to have been committed;
37 (g) [
38 (h) [
39 trial within 30 days after arraignment if unable to post bail and if the business of the court
41 (i) request a jury instruction described in Section 77-17-10 related to a jury's power to
42 find a defendant not guilty on a charge when a guilty verdict on that charge would be
43 manifestly unjust.
44 (2) In addition:
45 (a) [
46 (b) [
47 compelled to advance money or fees to secure rights guaranteed by the Constitution or the laws
48 of Utah, or to pay the costs of those rights when received;
49 (c) [
50 the person;
51 (d) [
52 husband against his wife; and
53 (e) [
54 a plea of guilty or no contest, or upon a judgment of a court when trial by jury has been waived
55 or, in case of an infraction, upon a judgment by a magistrate.
56 Section 2. Section 77-17-10 is amended to read:
57 77-17-10. Court to determine law -- The jury to determine the facts - Jury
59 (1) In a jury trial, questions of law are to be determined by the court, questions of fact
60 by the jury.
61 (2) The jury may find a general verdict [
62 as fact but they are bound to follow the law as stated by the court.
63 (3) (a) As used in this Subsection (3), "manifestly unjust" means a finding that the
64 application of the facts to the law is shocking to the conscience or results in an injustice that is
65 direct and obvious to a reasonable person with due consideration of the totality of
67 (b) A defendant may request that the court provide the jury a jury instruction that
68 allows the jury to find a defendant not guilty on a specific charge when a guilty verdict would
69 be manifestly unjust.
70 (c) A court may provide the jury instruction described in Subsection (3)(b) if the court
71 finds that there is a sufficient factual basis to support a jury finding a defendant not guilty of
72 the charge because a guilty verdict would be manifestly unjust.
Legislative Review Note
Office of Legislative Research and General Counsel