Does a prospective juror who opposes the death penalty have cause to be removed from the jury?

California, United States of America


The following excerpt is from People v. Jones, (Cal. 2013):

Although we find no forfeiture on this record, we also find no error. Under Wainwright v. Witt, supra, 469 U.S. 412, " '[a] prospective juror who would invariably vote either for or against the death penalty because of one or more

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circumstances likely to be present in the case being tried, without regard to the strength of aggravating and mitigating circumstances, is . . . subject to challenge for cause . . . .' " (People v. Ledesma (2006) 39 Cal.4th 641, 671.) "[N]ot all who oppose the death penalty are subject to removal for cause in capital cases; those who firmly believe that the death penalty is unjust may nevertheless serve as jurors in capital cases so long as they state clearly that they are willing to temporarily set aside their own beliefs in deference to the rule of law." (Lockhart v. McCree (1986) 476 U.S. 162, 176.)

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