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June 22, 2009

By: Joel Cohen

Since the dawn of the jury trial — circa the Magna Carta — the legal system has fought to keep jury decisions “pure.” The quintessence of this somewhat epistemological mandate is that jurors must remain impartial and unbiased free agents. And so judges and litigators must struggle against the overwhelming capacity of “outsiders” to bias or game the jury’s sacred, ostensibly monastic, role in deciding the fate of a litigant, civil or criminal.

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