Is a defendant's right to a fair and impartial jury affected by the recent Court of Appeal's ruling that a jury should not be asked to consider arson and burn injuries?

California, United States of America


The following excerpt is from People v. Clark, 268 Cal.Rptr. 399, 50 Cal.3d 583, 789 P.2d 127 (Cal. 1990):

Our examination of the general voir dire conducted after the death qualification of the prospective jurors reveals no attempt to restrict questioning on the jurors' attitudes about arson and burn injuries. In sum, neither the court's ruling nor the ensuing examination of the jurors affords a basis upon which to conclude that defendant's right to a fair and impartial jury was affected in any way by the court's ruling. (See People v. Bittaker (1989) 48 Cal.3d 1046, 1086, 259 Cal.Rptr. 630, 774 P.2d 659.)

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