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Episode 89: A Raging Dumpster Fire of Injustice

Words & Numbers

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The Importance of Knowing the Penalties a Defendant Faces

One of the most disturbing things I've heard you talk about in the past is the fact that juries are not allowed to know what penalties a defendant faces. How do judges feel about that? You know, it's hard to say because we can't really poll them all. It turns out that probably in most jurisdictions, it would be reversible error for the judge to permit that information to be shared with a jury. Might there be a First Amendment problem here? In our country, we do not typically permit the government,. whether it's a legislator, a president, or a judge, to suppress the dissemination of truthful information.

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