Can a prospective juror be excused on the basis that she believes in the death penalty?

California, United States of America


The following excerpt is from People v. Cunningham, 108 Cal.Rptr.2d 291, 25 Cal.4th 926, 25 P.3d 519 (Cal. 2001):

Although both prosecution and defense counsel passed for cause, on its own motion the trial court excused this juror on the basis that she was very confused and believed in the death penalty without being able to apply it herself. The trial court properly excused the prospective juror on the basis that she could not personally impose the death penalty despite viewing it as an appropriate punishment. (People v. Rodngues (1994) 8 Cal.4th 1060, 1147, 36 Cal.Rptr.2d 235, 885 P.2d 1 & fns. 51 & 52; People v. Visciotti (1992) 2 Cal.4th 1, 44-6, 5 Cal.Rptr.2d 495, 825 P.2d 388.)

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