2 edition of Death qualified found in the catalog.
|The Physical Object|
|Pagination||xvi, 87 p. :|
|Number of Pages||64|
nodata File Size: 7MB.
I walked in, head hung in infamy. In addition, the exclusion from jury service of large groups of individuals not on the basis of their inability to serve as jurors, but on the basis of some immutable characteristic such as race, gender, or ethnic background, undeniably gave rise to an "appearance of unfairness.
Because the group of " Witherspoon-excludables" includes only those who cannot and will not conscientiously obey the law with respect to one of the issues in a capital case, "death qualification" hardly can be said to create an "appearance Death qualified unfairness. 2d 549, 564 CA11 1983cert. Meanwhile, after ten years, Herlihy got fed up with her rebarbative tenants and their increasingly cracked views.
:- Read this book if you don't Death qualified anything else. But we do not believe that the fair cross-section requirement can, or should, be applied as broadly as that court attempted to apply it. It is in view of the Witherspoon decision that the process of one's death-qualifying a jury is, in thereferred to as Witherspooning a jury.
The jury voted for death. Still, there are gradations of views even within the group of citizens who are death qualified, gradations that a probing voir dire, or preliminary examination of a potential juror, is designed to uncover. Once in the family homestead, nasty Ruby alternately sulks and glares at her mother, who is temporarily wheelchair-bound as a result of a post-scandal car crash.
The Court said: "But when it swept from the jury all Death qualified expressed conscientious or religious scruples against capital punishment and all who opposed it in principle, the State crossed the line of neutrality.
As if all that isn't enough to justify my 2 star rating, there is the ending. Barbara is "death qualified" because she is qualified to represent someone who might get the death penalty. Because these groups were excluded for reasons completely unrelated to the ability of members of the group to serve as jurors in a particular case, the exclusion raised at least the possibility that the composition of juries would be arbitrarily skewed in such a way as to deny criminal defendants the benefit of the common-sense judgment of the community.
Again, as in Witherspoon, the discretionary nature of Death qualified jury's task led us to conclude that the State could not "exclude all jurors who would be in the slightest way affected by the prospect of the death penalty or by their views about such a penalty. It's too bad,m because I had really high hopes.
I probably started with one that audible had on sale.
21, may nonetheless be excluded for cause if the trial court is left with the impression that his attitude will " prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath.
McCree then filed a federal habeas corpus petition raising, inter alia, the claim that "death qualification," or the removal for cause of the so-called " Witherspoon-excludable" prospective jurors,  violated his right under the Sixth and Fourteenth Amendments to have his guilt or innocence determined by an impartial jury selected from a representative cross-section of the community.