Law in Contemporary Society

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DavidHirschFirstPaper 11 - 22 Jun 2012 - Main.DavidHirsch
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Legal Magic and Jury Instructions

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1. Given that it is not plausible that jurors actually fully understand jury instructions, and no one thinks it is plausible, why do we do what we do?

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<		Presenting a single theory of jurors' motives

We're not looking for a theory of jurors' motives. We're asking why we use juries.

here would be like attempting to set out Congress's single motive in passing an omnibus spending bill. I will instead set out a few possible motives and briefly evaluate their plausibility.

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>		Presenting a single theory of why we use juries here would be like attempting to set out Congress's single motive in passing an omnibus spending bill. I will instead set out a few possible motives and briefly evaluate their plausibility.
 

Legitimacy

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  occasions during the trial, that's what we told them?

It is very difficult to speculate about jurors’ motivations.

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<		Joseph, from Lawyerland,
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>		Robinson, from Lawyerland,
 
He's Robinson, from Lawyerland, which was written by Joseph. Did you check?
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  you've pointed out a problem of too much democracy; I think it's one of too little.
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>		The prospect of ending the exclusion of jurors who oppose capital punishment from capital cases raises another interesting question on the purpose of juries. If we allowed those who oppose capital punishment in, wouldn’t certain juries cease to represent society’s consensus on capital punishment? Wouldn’t the sentence depend on the random selection of jurors assigned, rather than any aggravating or mitigating factors assigned in the law? Wouldn’t the inclusion actually make the process less democratic?
  Perhaps that's a good statement of my view about where to take this overall. You may not agree with the idea that in a democracy, ordinary people from all walks of life should have a practical role

Revision 11r11 - 22 Jun 2012 - 21:10:33 - DavidHirsch
Revision 10r10 - 17 Jun 2012 - 20:53:17 - EbenMoglen
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