The fourth time I was empanelled was for a criminal case involving charges of felonious assault where the defense said that it would argue self-defense. Once again, there was an oral voir dire, which included questions about whether we had ever been involved in any physical altercation.
It was during the voir dire that I ran into a problem. One of the prosecuting counsel asked if the jurors would be willing to convict a person on the facts of the case even if they felt the law under which the person was being prosecuted was unjust. It was clear that he expected you to answer ‘yes’ to this question. We have all seen at least some courtroom dramas where the judge instructs the jury on the law to be applied and the jury is asked to judge based only on the facts of the case, and not to judge the validity of the law itself.
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