NCJ Number
138236
Journal
Loyola University of Los Angeles Law Review Volume: 23 Issue: 1 Dated: (November 1989) Pages: 151-191
Date Published
1989
Length
41 pages
Annotation
This discussion of jury selection in capital trials emphasizes that the empaneling of an impartial jury at a capital sentencing hearing is important as a matter of trial strategy within the adversary system and necessary as a matter of constitutional law.
Abstract
Essential to effective voir dire in capital cases is an understanding of the sixth and eighth Amendment rights, which may entitle a defendant to ask specific voir dire questions. The adept use of voir dire can ensure juror impartiality, especially the ability to independently weigh mitigating evidence during the penalty phase of a trial. However, the use of peremptory challenges to systematically exclude all jurors who express misgivings about the death penalty creates an unconstitutionally biased jury. Footnotes