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Cake day: December 4th, 2024

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  • Not really, no.

    AFAIK, the defense and the prosecution get the same number of “just because it’s bad for my side” exclusions, but not being inclined to render a guilty verdict if there’s a possibility of the death penalty is an automatic exclusion that doesn’t count towards the prosecution’s “freebees”.

    So yeah, the moment death penalty is on the table, the jury will be biased AND the defense will be much more likely no consider a plea deal for a lesser punishment, further stacking the deck in favor of the prosecution winning one way or the other regardless of actual guilt.