Death Qualified Juries

I. The Issue

A. In Death Penalty cases, jurors who are opposed to the death penalty are prevented from serving on the jury.

B. Does the exclusion of these jurors bias the jury?

C. Classification of jurors

1. Nullifiers: Jurors who would refuse to vote for guilt if there was a possibility of a death sentence

2. Guilt-phase Includables: Individuals who would be fair and impartial in deciding guilt or innocence but who would not vote for death

3. Death-qualified jurors: Individuals who would be fair and impartial in deciding guilt or innocence and would vote for death in some circumstances

4. Automatic death penalty jurors: Individuals who would always vote for death for capital crimes

II. The Data

A. Fitzgerald & Ellsworth (1984)

B. Cowan et al (1984)

C. Horowitz & Sequin (1986)

D. Zeisel (1968)

III. The Law

A. Conscientious scruples against the death penalty

B. Witherspoon v IL (1968)

1. Jurors excluded if would automatically vote against the imposition of death and attitudes toward the death penalty would prevent them from making impartial decisions as to the defendant's guilt.

C. Wainwright v Witt (1985)

1. Jurors excluded whose attitudes toward capital punishment would "prevent or substantially impair the performance of his duty as a juror in accordance with his instructions and oath"

D. Lockhart v McCree (1986)

1. Exclusion of guilt-phase includables OK

2. Argument

a) Serious Flaws in the Evidence

b) No Bias Exists Because No Juror is Biased

c) Representation Can Be Instantaneous

d) Excludables Are Not a Distinctive Group

e) The Luck of the Draw

f) The State Has a Legitimate Interest in Using One Jury