Death-qualified jury
Encyclopedia
A death-qualified jury is a jury
in a criminal law
case in the United States
in which the death penalty is a prospective sentence
. Such a jury will be composed of jurors who:
The creation of such a jury requires the striking during voir dire
of jurors who express opposition to the death penalty such that they are unable or unwilling to set aside personal, moral
, or emotional objections toward the supporting of a death sentence, and is designed to produce a fair and impartial jury of which the members will fairly consider all options, including the death penalty and life imprisonment
.
Expressing opposition to the death penalty does not automatically disqualify a juror. A party may attempt to rehabilitate the juror by asking questions as to whether, personal convictions notwithstanding, he might consider the death penalty. A juror who expresses exorbitant support for the death penalty who would thus otherwise be struck may be rehabilitated should he state that he is willing openly to consider life imprisonment.
The use of a death-qualified jury was found to be consistent with the United States Constitution
, most especially with the Sixth Amendment
thereto, by the Supreme Court of the United States
in Witherspoon v. Illinois
, 391 U.S. 510 (1968), and in Lockhart v. McCree, 476 U.S. 162 (1986); neither decision, though, mandated the use of death-qualified juries as against those containing jurors categorically unwilling to impose a penalty of death. It is in view of the Witherspoon decision that the process of one's death-qualifying a jury is, in the United States
, referred to colloquially as Witherspooning a jury.
A poll commissioned by the Death Penalty Information Center
on June 9, 2007, showed 57% of Americans believed they would qualify to be jurors in capital cases.
, which exclusion, in Batson v. Kentucky
in 1986, was held as inconsistent with the Equal Protection Clause
of the Fourteenth Amendment
.
Empirical
evidence adduced in Lockhart also has shown that death-qualified juries are more likely than other jurors to convict
a defendant. That is, death-qualified jurors are more likely than non-death-qualified jurors to vote for conviction when assessing the same sets of facts. It is argued that since death-qualified juries overrepresent these groups there is a propensity to render guilty verdicts on cases of any type, including those in which the death penalty is not considered.
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
in a criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
case in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in which the death penalty is a prospective sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
. Such a jury will be composed of jurors who:
- Are not categorically opposed to the imposition of capital punishmentCapital punishmentCapital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
; - Are not of the belief that the death penalty must be imposed in all instances of capital murder—that is, they would consider life imprisonment as a possible penalty.
The creation of such a jury requires the striking during voir dire
Voir dire
Voir dire is a phrase in law which comes from the Anglo-Norman language. In origin it refers to an oath to tell the truth , i.e., to say what is true, what is objectively accurate or subjectively honest, or both....
of jurors who express opposition to the death penalty such that they are unable or unwilling to set aside personal, moral
Moral
A moral is a message conveyed or a lesson to be learned from a story or event. The moral may be left to the hearer, reader or viewer to determine for themselves, or may be explicitly encapsulated in a maxim...
, or emotional objections toward the supporting of a death sentence, and is designed to produce a fair and impartial jury of which the members will fairly consider all options, including the death penalty and life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
.
Expressing opposition to the death penalty does not automatically disqualify a juror. A party may attempt to rehabilitate the juror by asking questions as to whether, personal convictions notwithstanding, he might consider the death penalty. A juror who expresses exorbitant support for the death penalty who would thus otherwise be struck may be rehabilitated should he state that he is willing openly to consider life imprisonment.
The use of a death-qualified jury was found to be consistent with the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, most especially with the Sixth Amendment
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
thereto, by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in Witherspoon v. Illinois
Witherspoon v. Illinois
Witherspoon v. Illinois, 391 U.S. 510 , was a U.S. Supreme Court case where the court ruled that a state statute providing the state unlimited challenge for cause of jurors who might have any objection to the death penalty gave too much bias in favor of the prosecution.The Court said, The decision...
, 391 U.S. 510 (1968), and in Lockhart v. McCree, 476 U.S. 162 (1986); neither decision, though, mandated the use of death-qualified juries as against those containing jurors categorically unwilling to impose a penalty of death. It is in view of the Witherspoon decision that the process of one's death-qualifying a jury is, in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, referred to colloquially as Witherspooning a jury.
A poll commissioned by the Death Penalty Information Center
Death Penalty Information Center
The Death Penalty Information Center is a non-profit organization that focuses on disseminating studies and reports related to the death penalty by itself and others to the news media and general public...
on June 9, 2007, showed 57% of Americans believed they would qualify to be jurors in capital cases.
Bias
Several studies have found that death-qualified juries are made up of fewer women and minorities. Death-qualified juries are often criticized because they have a similar effect as excluding jurors based on race or genderGender
Gender is a range of characteristics used to distinguish between males and females, particularly in the cases of men and women and the masculine and feminine attributes assigned to them. Depending on the context, the discriminating characteristics vary from sex to social role to gender identity...
, which exclusion, in Batson v. Kentucky
Batson v. Kentucky
Batson v. Kentucky, , was a case in which the United States Supreme Court ruled that a prosecutor's use of peremptory challenge—the dismissal of jurors without stating a valid cause for doing so—may not be used to exclude jurors based solely on their race...
in 1986, was held as inconsistent with the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
.
Empirical
Empirical
The word empirical denotes information gained by means of observation or experimentation. Empirical data are data produced by an experiment or observation....
evidence adduced in Lockhart also has shown that death-qualified juries are more likely than other jurors to convict
Conviction
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...
a defendant. That is, death-qualified jurors are more likely than non-death-qualified jurors to vote for conviction when assessing the same sets of facts. It is argued that since death-qualified juries overrepresent these groups there is a propensity to render guilty verdicts on cases of any type, including those in which the death penalty is not considered.