Can a juror who believes that it is not right for mortals to put someone to death serve as a jury?

California, United States of America


The following excerpt is from People v. Duff, S105097 (Cal. 2014):

supported the trial court's conclusion that her religious beliefs would substantially impair the performance of her duties]; People v. Cowan (2010) 50 Cal.4th 401, 441 [the trial court is in the best position to determine whether a juror uncertain about her ability to impose death because "punishment was for God alone" can serve or would be substantially impaired].) As in these cases, substantial evidence supports the trial court's assessment that a juror deeply conflicted about her ability to follow the court's instructions and disregard her personal belief that it would never be right for mortals to put someone to death is substantially impaired, and we accordingly defer to that determination.

3. Wheeler-Batson Motion

Other Questions


Can a defendant who pleaded guilty to a charge of assault and possession of a dangerous substance while still serving time served serve time served under a plea bargain? (California, United States of America)
Is Respondent to a Motion for a Separation of Jurors waived his right to move for a new trial when he became aware that an alternate juror had been in the jury room? (California, United States of America)
Does a trial court's statement that it does not believe the jury is hopelessly deadlocked give the jury the impression the jury should convict defendant? (California, United States of America)
Does a defendant have a claim that allowing a juror to take home the jury instructions violated her constitutional right to a jury trial? (California, United States of America)
Is a juror's expressed or implied desire not to serve on the jury a neutral reason to excuse the juror? (California, United States of America)
Does a failure of instruction to require a jury to produce written findings by the jury regarding the aggravating factors found and considered in returning a death sentence violate a defendant's constitutional right to meaningful appellate review? (California, United States of America)
Does an alternate juror's presence in the jury room during the deliberations of the jury affect the outcome of the trial? (California, United States of America)
Does a jury have to be told that if it returns a death verdict, the sentence of death will inexorably be carried out? (California, United States of America)
Can a prospective juror's views about the death penalty "prevent or substantially impair" his duties as a juror? (California, United States of America)
Does a defendant have to waive his right to a jury to appeal his conviction on appeal of a jury selection error? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.