In Chapter 165 of Jujutsu Kaisen, Yuji struggles to contain Higuruma’s assaults without his Cursed Energy. However, he may have found a solution.
When Higuruma utilized his Domain Expansion to put Yuji on trial for attending a gambling parlor in Chapter 164 of Jujutsu Kaisen, Yuji pondered carefully about his alternatives. He was found guilty, but to his credit he did at least conceive of the remedy that would’ve won him an innocent conviction. His fault in the trial was overthinking the crime and what he needed to say to be proven innocent.
In Chapter 165, Yuji wants a retrial, and would’ve certainly been proven innocent after learning from his past error. However, there’s no analysis at all in his second trial — the crime he’s being charged of is one he feels ethically bound to assume responsibility for.
Correctly anticipating his rival can’t utilize his Cursed Energy, Higuruma persistently strikes Yuji, stating that Judgeman’s punishment of confiscation momentarily makes it impossible for targets to use their Cursed Technique. However, Yuji didn’t have a Cursed Technique, which led the effect switch to limiting his Cursed Energy instead.
So how, then, is Yuji able to stand against him without Cursed Energy? It’s owing to his physical prowess, which implies his raw strength must be great. Sorcerers tend to lose fundamental control over Cursed Energy when they’re unable to perform their Cursed Technique. The total impairment of Cursed Energy is considerably more unfavorable. And yet, Yuji is battling Higuruma as if they’re on equal footing.
Eventually though, he begins to suffer against Higuruma’s constant attacks. Despite Yuji’s ability to protect himself with superhuman strength, he’s unable to perform any successful attacking movements without Cursed Energy. He racks his brain to identify any flaw in his opponent and believes that since his approach is based on court judgments, he should be able to get a second trial. He informs Higuruma he wishes to retry the trial, and the two are instantly thrown back in the Domain.
Yuji recognizes that since Judgeman was the one who announced his guilt and condemned him, he may request a retrial if he doesn’t plead to a crime — and Judgeman can’t refuse. He’s astonished to learn that he stands accused of perpetrating mass murder in Shibuya — but doesn’t hesitate to acknowledge that he did it, adding that he’s not lying or attempting to deny it. Higuruma is astonished, but Judgeman predictably finds Yuji guilty and declares his punishment: the death penalty.
It’s feasible that Yuji could’ve used what he learnt from the last trial by disputing the charge and stating that it wasn’t truly him, which may have saw him ruled innocent. However, it was evident throughout Jujutsu Kaisen’s Shibuya Incident arc and the immediate aftermath that Yuji takes responsibility for Sukuna’s slaughter. He hasn’t blamed Sukuna at all for the catastrophe, and apparently has no interest in claiming innocence.
Interestingly, Higuruma’s mild reaction to the confession shows he could have confused thoughts about it. At the very least, he’s bewildered. After all, Yuji went out of his way to lie about why he attended a gambling parlor as a juvenile, yet he’s admitted to mass murder without even thinking about it. It wouldn’t be uncommon if Higuruma asked for additional explanation — which just may lead to the two gaining an understanding and becoming allies.
