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United States v. Lynch
Brief of the Cato Institute and National Association of Criminal Defense Lawyers as Amici Curiae in Support of Defendant-Appellant’s Petition for Rehearing by Panel and Rehearing En Banc
Argument: The independence of citizen juries is a well-established and crucial feature of our legal and constitutional history. The panel majority erred in upholding the district court’s instruction suggesting that Lynch’s jury could be punished for engaging in nullification. Protecting jury independence is all the more important because of the vanishingly small role that jury trials play in our criminal justice system.