Ladies and gentlemen of the jury: In criminal cases, the Indiana Constitution gives juries considerable authority to determine the law as well as the facts. Ind. Const. article 1 section 19, In all criminal cases whatever, the jury shall have the right to determine the law and the facts.
The legal writing may say one thing but the jury determines the law.
In criminal matters the prosecution must prove “beyond a reasonable doubt” that the defendant committed the crime in question
So how will a jury of his peers determine the laws and facts for the followings? Who knows the mind of any man or woman? But the verdict must be unanimous !!!
♦Indiana Code 3-14-1-13, filing fraudulent reports, says: “A person who knowingly files a report required by IC3-9 that is fraudulent commits a Class D felony.” (IC 3-9 specifies the types of reports, including campaign-finance reports, required of candidates.)
♦IC 35-44-2-1, which defines perjury, says: “A person who: (1) makes a false, material statement under oath or affirmation, knowing the statement to be false or not believing it to be true; or (2) has knowingly made two (2) or more material statements, in a proceeding before a court or grand jury, which are inconsistent to the degree that one (1) of them is necessarily false; commits perjury, a Class D felony.” The law also stipulates that “in a prosecution under subsection (2) of this section: the indictment or information need not specify which statement is actually false; and (2) the falsity of a statement may be established sufficient for conviction, by proof that the defendant made irreconcilably contradictory statements which are material to the point in question.”
♦IC 3-14-1-14.5 says that “a person who recklessly violates IC 3-9-2-9(c) by commingling the funds of a committee with the personal funds of an officer, a member, or an associate of the committee commits a Class B misdemeanor.”
"IC 3-14-1-14.5
Commingling committee funds with personal funds
Sec. 14.5. A person who recklessly violates IC 3-9-2-9(c) by commingling the funds of a committee with the personal funds of an officer, a member, or an associate of the committee commits a Class B misdemeanor.IC 3-9-2-9(c)"
"IC 3-9-2-9"
Transfer of contributions to treasurer; segregation of funds
Sec. 9. (a) Each person who accepts a contribution for a
committee shall, on demand of the treasurer of the committee, and in
any case within thirty (30) days after receipt of the contribution,
transfer to the treasurer the actual contribution if it is money or a
detailed account if it is other than money.
(b) The transfer must include the actual monetary value and the
information about the contribution required to be reported by the
treasurer under IC 3-9-5-14.
(c) This subsection applies to a committee that accepts
contributions or makes expenditures in an aggregate amount of more
than two hundred dollars ($200) in a year. All funds of a committee
must be segregated from, and may not be commingled with, the
personal funds of officers, members, or associates of the committee.
No comments:
Post a Comment