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In terms of capabilities, not at all! Juries can totally do this even today.

This is kinda what I was trying to point out: the precedent that juries should evaluate guilt before the law (instead of their own standards) is the main reason juries work as an institution.

Just as we can see the huge issues with other institutions failing (e.g. election certification breakdowns, bias in news, fraud in peer review), there is a risk that bypassing jury instructions can ruin that precedent on which the legal institution is built.



I'm not interested in maintaining societal institutions that are objectively failures.

But if you're worried about precedent, there's centuries of precedent that juries can not convict for any reason, or no reason whatsoever.




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