Can a prospective juror be excused for their views on the death penalty?

California, United States of America


The following excerpt is from People v. Wall, 224 Cal.Rptr.3d 861, 3 Cal.5th 1048, 404 P.3d 1209 (Cal. 2017):

Wall contends that the trial court violated his right to an impartial jury under the federal and state Constitutions by erroneously excusing Prospective Juror E.J. for cause because of her views on the death penalty. (See Wainwright v. Witt (1985) 469 U.S. 412, 424, 105 S.Ct. 844, 83 L.Ed.2d 841.) "A prospective juror may be challenged for cause based upon his or her views regarding capital punishment only if those views would "prevent or substantially impair" the performance

[404 P.3d 1219]

of the juror's duties as defined by

[3 Cal.5th 1062]

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