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Can I just clarify , Mr. Chairperson , that the consent of the committee was meant not just to cover this one section but to allow for counsel to provide advice throughout ? Throw in the element of chance-that you may not graduate , after all , or may not find a well-paying career if you do-and the prospect may require a lot of sober thought , especially if your academic performance and academic interest are marginal . Moreover , with the lone exceptions of feminism and evolution , not a single one of these ideas has survived its ( at times bloody ) trials in the laboratory of the twentieth century . In response to defense attornies ' contentions that the determination of whether the weapons involved were enhanced was a matter of fact to be determined by the jury , the court disagreed , announcing that " the type of weapon is not an element of the offense . Absent , some clear absence of logic in the lack of reviewing the circumstances and the different arguments , the report should be given deference out of respect for the process and for the overriding principle of independence of the judiciary .