Law in Contemporary Society

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DavidHirschFirstPaper 13 - 25 Jun 2012 - Main.DavidHirsch
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Legal Magic and Jury Instructions

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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?
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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 the majority'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


Revision 13r13 - 25 Jun 2012 - 18:25:44 - DavidHirsch
Revision 12r12 - 25 Jun 2012 - 17:21:46 - DavidHirsch
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