What is the test for excusing a prospective juror from a death penalty trial?

California, United States of America


The following excerpt is from People v. Bryant, 178 Cal.Rptr.3d 185, 334 P.3d 573, 60 Cal.4th 335 (Cal. 2014):

The trial court properly excused this prospective juror. In her questionnaire Number 56 clearly stated her long-standing views opposing the death penalty and how they would prevent her from performing the duties of a juror. She answered other questions in an equivocal or contradictory manner, and qualified her ability to vote for the death penalty if the law required her to do so. The trial court reasonably credited her answers demonstrating her impairment. The fact that the prospective juror at times claimed she believed she could perform her duties as a juror did not prevent the trial court from finding, on the entire record, that [she] nevertheless held views ... that substantially impaired her ability to serve. ( People v. Griffin (2004) 33 Cal.4th 536, 561, 15 Cal.Rptr.3d 743, 93 P.3d 344.)

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