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LegalGround >> Constitutional Question: Juror = State Actor?


5/29/09 8:48 AM
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The Gimp
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What do you think?
5/29/09 11:14 AM
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The Gimp
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Why not?

I found two USA cases commenting on this issue in dicta - one court wrote that they are, one wrote that they are not.
5/29/09 3:08 PM
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Fake Pie
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For what purpose? What constitutional right could a jury violate that wouldn't be directly appealable?
5/29/09 5:25 PM
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The Gimp
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Related to death penalty. Will tell you more after issue has been ruled on.
5/30/09 2:03 PM
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Fake Pie
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The jury doesn't impose the death sentence though, do they? They vote for it but the judge actually imposes the sentence. The judge is clearly a state actor. You could be broad and view the entire system, including the jury, as the state.
7/24/09 5:07 PM
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J Flip
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I don't see how they would be, but relying on a juror's decision in imposing a sentence would be a state action. just like enforcing racially restrictive covenants = state action.

I don't understand how establishing a juror as a state actor would be relevant to any claim, though...

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