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this post was submitted on 05 Sep 2023
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chapotraphouse
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I have to disagree with you on that, at least when it comes to ways the criminal justice system constantly fucks over marginalized people with extreme prejudice.
In general, the war on drugs is massively unpopular yet people are still being sent to prison for non-violent drug crimes.
Also, even in the deepest red states, the support for legal abortions is at a minimum of 35%. That's West Virginia, most red states are in the mid to high 40s on that. To hang a jury, it only takes one juror to vote not guilty in the face of an otherwise unanimous decision to convict. Given a random jury selection process, we'd only need 8.3% (1/12th) of potential jurors to refuse to convict in order to ensure a guilty verdict on abortion is almost never unanimous. Yet people are being sent to prison for abortions and even miscarriages right now. The only way that could be the case is if jurors are voting based on whether the law as written was broken instead of whether the defendant deserves to go to prison.