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Opinion of Scalia, J.
be filled by the factfinding of judges. This formulation adequately explains the three cases, see California v. Roy, 519 U. S. 2, 6 (1996) (Scalia, J., concurring); Carella v. California, 491 U. S. 263, 270-273 (1989) (Scalia, J., concurring in judgment); Pope v. Illinois, 481 U. S. 497, 504 (1987) (Scalia, J., concurring),3 that the majority views as "dictat[ing] the answer" to the question before us today. Ante, at 13. In casting Sullivan aside, the majority does more than merely return to the state of confusion that existed in our prior cases; it throws open the gate for appellate courts to trample over the jury's function.
cases involving understatement of income; a finding of intentional under-statement would be a finding of guilt—no matter how insignificant the understatement might be, and no matter whether it was offset by under-statement of deductions as well. But the right to a jury trial on all elements of the offense does not mean the right to a jury trial on only so many elements as are necessary in order logically to deduce the remainder. The jury has the right to apply its own logic (or illogic) to its decision to convict or acquit. At bottom, Justice Stevens "obviously" represents his judgment that any reasonable jury would have to think that the misstated amounts were material. Cf. ante, at 16, n. 1. It is, in other words, nothing more than a repackaging of the majority's approach, which allows a judge to determine what a jury "would have found" if asked. And it offers none of the protection that Justice Stevens promises the jury will deliver "against the corrupt or overzealous prosecutor and against the compliant, biased, or eccentric judge." Ante, at 29 (quoting Duncan v. Louisiana, 391 U. S. 145, 156 (1968)).
3 The Court asserts that this "functional equivalent" test does not explain Pope, since "a juror in Rockford, Illinois, who found that the [allegedly obscene] material lacked value under community standards, would not necessarily have found that it did so under presumably broader and more tolerant national standards." Ante, at 14. If the jury had been instructed to measure the material by Rockford, Illinois, standards, I might agree. It was instructed, however, to "judge whether the material was obscene by determining how it would be viewed by ordinary adults in the whole State of Illinois," 481 U. S., at 499 (emphasis added)— which includes, of course, the city of Chicago, that toddlin' town. A finding of obscenity under that standard amounts to a finding of obscenity under a national ("reasonable person") standard. See id., at 504 (Scalia, J., concurring).
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