Does a prospective juror have to be excused for cause who does not know whether he can vote for the death penalty?
California, United States of America
The following excerpt is from People v. Cunningham, 108 Cal.Rptr.2d 291, 25 Cal.4th 926, 25 P.3d 519 (Cal. 2001):
It is apparent that Prospective Juror Sp. was not prepared to impose the death penalty and was undecided as to his ability to do so. (Gf. People v. Cain (1995) 10 Cal.4th 1, 60-61, 40 Cal.Rptr.2d 481, 892 P.2d 1224 [juror properly excused for cause who did not know whether she could vote for the death penalty].) The trial court did not err in excusing this prospective juror.
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