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View Diary: Death Penalty Juries: Are You Excluded? (115 comments)

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  •  Let me sharpen that a bit: (0+ / 0-)

    the only alternative that comes to mind is deference to the juror.  If she says she can apply the law fairly, then the prosecutor has no right to object and the judge no right to sustain the objection.

    Is that a better procedure for ferreting out jurors that won't evenly apply the existing law?  It would seem to preclude a lot of reasonable objections.  Take Shane's hypo downthread about the racist juror that won't just come out and admit her racism: should the defense be foreclosed from arguing that, based on the totality of her responses, the juror is biased against blacks and therefore unable to evenly apply the law?

    We are building a team that is continuously being built. - Sarah Palin

    by burrow owl on Sun Feb 22, 2009 at 06:04:34 PM PST

    [ Parent ]

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