Quote:
Originally Posted by kamm
I was referring to a case-by-case basis... if you're referring to precedents you're probably right.
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I still don't think it matters. A jury decides guilty or not guilty. The judge decides on points of law. The judge would be the one that provided the legal interpretation of "adversely affected" to the jury, probably as "jury instructions" before their deliberation.
I don't think it would be up to the jury to decide what the definition of "adversely affected" is.