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Isn't the "feeling-based approach to what-is-right" the whole intent of the jury system?



Given the fraction of cases that make it to a jury, one might conclude it’s not a big part of the law.

Delving a bit deeper into the law, the jury is not deciding the law; they are deciding what facts are true. They do this, quite often, based on feelings. But they do not (jury nullification aside) decide what the law should be.

If I say the red car ran the red light and you say the blue car ran the red light, the jury decides who ran the red light. The question of who is allowed to run the red light is not something the jury ever addresses. This question is only ever a “should” question in the ballot box or the legislature.




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