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#25
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What bias?
The question the jury decides is: Did the defendant break law X. The judge removes prospective juror Y who says: I refuse to convict anyone for breaking law X, even if is proven that he broke law X. If the judge allows prospective juror Y to sit, what is the outcome? What if a judge allowed a juror to sit who had said: I will vote to convict, no matter what the evidence is. Also, as one jurist noted: "The irony is that, as a practical matter, a jury has the power to nullify an anti-nullification instruction." |
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