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June 11, 2018

New York Law Journal

By: Joel Cohen

The criminal justice system is grounded on a basic premise—I dare say, a possibly false premise—that jurors totally obey a judge’s instruction that they should not read, listen or watch anything about the pending case. When deciding a defendant’s guilt or innocence, jurors should only consider what is presented from the witness stand and, after instructions by the judge are given, what her fellow jurors say about the facts presented and the defendant’s guilt.

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