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> then a jury may conclude that X was done with the illegal motivation

I think the whole point of a jury trial is that a jury may conclude absolutely anything, regardless of evidence presented.



Yes, exactly. And that means that trying to be a smart ass (I had a perfectly cromulent motive for doing it but I’m not going to tell you what it is and you have to prove I didn’t – nyah!) isn’t likely to be a very effective defense.




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