Does a prospective juror's statement that he thought he could vote for the death penalty, if necessary, establish that he could not be a fair judge of the penalty question?
California, United States of America
The following excerpt is from People v. Bryant, S049596 (Cal. 2014):
52's own statement, which he confirmed, that he could not be a fair judge of the penalty question. The prospective juror's statement that he thought he could follow the law and vote for death "if [he] had to" would not necessarily have established that, contrary to the trial court's finding, he could perform his duties as a juror. Clearly, a juror is never required to vote for the death penalty. (See People v. Brown (1988) 46 Cal.3d 432, 475.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a prospective juror allowed to ask prospective jurors about mitigation or aggravation in a death penalty case? (California, United States of America)
Can a prospective juror's views about the death penalty "prevent or substantially impair" his duties as a juror? (California, United States of America)
What is the difference between a prospective juror and prospective jury in a death penalty case? (California, United States of America)
When a prosecutor peremptorily challenges a prospective jury in a murder trial, does the prosecutor have to provide a list of prospective jurors that they were "opposed to the death penalty"? (California, United States of America)
What is the difference between a prospective juror and prospective jury in a death penalty case? (California, United States of America)
What is the effect of a trial judge's initial statement to jurors that he thought their penalty verdict was correct? (California, United States of America)
Can a prospective juror be excused for their views on the death penalty? (California, United States of America)
Does a prospective juror's questionnaire reveal that they are deeply conflicted about whether they can ever personally vote to impose the death penalty? (California, United States of America)
Does a prosecutor's decision not to seek the death penalty in death penalty cases violate the federal or state constitution? (California, United States of America)
What is the test for excluding for cause a prospective juror because of their views on the death penalty? (California, United States of America)
