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Jury Trial (Amendment) Act, 2007

NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS

28TH CONSTITUTIONAL REGULAR SESSION, 2007

BILL NO: 93ND1

P.L. 2007-75

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JURY TRIAL (AMENDMENT) ACT, 2007
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AN ACT

to amend the Jury Trial Act.

BE IT ENACTED BY THE NITIJELA OF THE REPUBLIC OF THE
MARSHALL ISLANDS:

Section 1. Short Title

This Act may be cited as the Jury Trial (Amendment) Act, 2007.

Section 2. Amendment

(1) The Jury Trial Act, 27 MIRC Chp.5, is amended as set forth below:

§502. Right to trial by jury.

(1) Any person accused of committing an offense punishable with three (3) or more years in prison, shall with respect to the offence be entitled to a trial by a jury of four (4) persons, unless the defendant knowingly and voluntarily waives the right to a jury trial. The Republic shall be entitled to two (2) pre-emptory challenges and the defendant or defendants jointly to two (2) pre-emptory challenges. If there is more than one defendant, the court may allow the defendants additional peremptory challenges and permit the same to be exercised separately or jointly.

(2) If an offense is punishable by less than three (3) years in prison, the defendant is not entitled to a jury trial with respect to the offense.

(3) Whenever the defendant waives his right to a jury trial or the defendant does not have a right to a jury trial, the offense shall be tried by the court alone.

Section 3. Effective Date

This Act shall take effect on the date of certification in accordance with the Constitution and the Rules of Procedures of the Nitijela.

CERTIFICATE

I hereby certify:

(1) The Nitijela Bill No:93ND1 was passed by the Nitijela of the Republic of the Marshall Islands on the 27th day of March, 2007; and

(2) That I am satisfied that Nitijela Bill No.:93ND1 was passed in accordance with the relevant provisions of the Constitution of the Republic of the Marshall Islands and the Rules of Procedures of the Nitijela.

I hereby place my signature before the Clerk this 16th day of May, 2007.

Attest: