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Tanner v. United States
5-4
Is This a Violation of the Constitutional Right to a Jury?
The jury was impaired to the point where most of them probably wouldn't be allowed to legally operate a forklift, let alone decide whether or not someone should be a free human being. So this distinction is doing no work. It's just doesn't make a lot of sense. Where exactly on the spectrum that line is might not be an easy question to answer, but it's the court's obligation to answer it.
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