[Broken Glass Can]

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It is not the percentages of black and white in the state or on the jury. It is the process by which that jury was arrived at. It seems pretty clear that the prosecutors not only struck blacks from the jury pool based on race, but 'shuffled' the jury pool as well. This is another of those quaint technicalities of due process.

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This suggestion of prosecutorial conduct is not clear at all. In our system it is legitimate to exclude people who are knee-jerk against the death penalty in death penalty cases. The prosecution can't be faulted for potential jurors who exclude themselves.