Can a prospective juror who has previously expressed uncertainty as to his own views on the death penalty be excused?

California, United States of America


The following excerpt is from People v. Silveria, 10 Cal.5th 195, 267 Cal.Rptr.3d 303, 471 P.3d 412 (Cal. 2020):

"If your personal beliefs or feelings were to be in conflict with the California law, do you think you'd be able to set aside your personal beliefs and feelings for this particular trial for this purpose, or do you think that's something you couldn't do?" He replied, "I think it would be very hard for me to do." He described himself as a "person who's reluctant to award the death penalty even though he ... might decide that the facts and the guidelines are met." Substantial evidence supports the trial court's finding that J-56's ability to follow the law would be substantially impaired. (See People v. Wall (2017) 3 Cal.5th 1048, 1063, 224 Cal.Rptr.3d 861, 404 P.3d 1209 [upholding excusal of a prospective juror who "repeatedly expressed uncertainty not as to her own views on the death penalty or the appropriateness of the death penalty in any particular case, but as to her ability to impose a death sentence"]; People v. Duenas (2012) 55 Cal.4th 1, 12, 144 Cal.Rptr.3d 820, 281 P.3d 887 ["Comments that a prospective juror would have a hard time or find it very difficult to vote for death reflect a degree of equivocation that, considered with the juror's ... demeanor, can justify a trial court's conclusion ... that the juror's views would " prevent or substantially impair the performance of his duties as a juror .... " "].)

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