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re: Vandy rape case: Juror on trial failed to disclose rape from 20 years ago

Posted on 1/29/15 at 10:31 am to
Posted by dukkbill
Member since Aug 2012
787 posts
Posted on 1/29/15 at 10:31 am to
quote:

The real question is can you hold him accountable for his actions without focusing on the fact that he's a minority.


When the "accountability" involves sentencing, and when T.C.A. § 40-35-114 (17) defines a mitigating factor as:
" The defendant intentionally selected the person against whom the crime was committed or selected the property that was damaged or otherwise affected by the crime, in whole or in part, because of the defendant's belief or perception regarding the race, religion, color, disability, sexual orientation, national origin, ancestry, or gender of that person or the owner or occupant of that property; however, this subdivision (17) should not be construed to permit the enhancement of a sexual offense on the basis of gender selection alone;"

then an examination of race is likely going to be necessary.
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