Can a prospective juror be excluded from the jury in a capital case?

California, United States of America


The following excerpt is from People v. Lewis, 110 Cal.Rptr.2d 272, 26 P.3d 34, 28 Cal.4th 334 (Cal. 2001):

"`"[I]n a capital case, a prospective juror may be excluded if the juror's views on

[110 Cal.Rptr.2d 290]

capital punishment would `prevent or substantially impair' the performance of the juror's duties." [Citations.] "A prospective juror is properly excluded if he or she is unable to conscientiously consider all of the sentencing alternatives, including the death penalty where appropriate." [Citation.]' [Citation.]" (People v. Jenkins (2000) 22 Cal.4th 900, 987, 95 Cal. Rptr.2d 377, 997 P.2d 1044.) "If the prospective juror's responses to voir dire questions are conflicting or equivocal, the trial court's determination of the juror's true state of mind is binding upon the reviewing court. [Citations.]" (People v. Bradford (1997) 15 Cal.4th 1229, 1319, 65 Cal.Rptr.2d 145, 939 P.2d 259.)

[110 Cal.Rptr.2d 290]

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