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Old October 29, 2018, 01:11 PM   #20
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,125
First, defining the standard as based objectively on the hypothetical reasonable person means that the personal, subjective, and quite possibly idiosyncratic assessment of the defendant is not controlling.

Second, since members of the jury must agree on the verdict, the question of whether the defendant's actions were reasonable at least requires that the members of the jury reach some consensus on the question. So the conclusion will not be based solely on the private, subjective, perhaps idiosyncratic assessment of any one juror.
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