Does a defendant have any grounds to argue that the prosecutor improperly asked prospective jurors about their views on the death penalty?

California, United States of America


The following excerpt is from People v. Seaton, 110 Cal.Rptr.2d 441, 26 Cal.4th 598, 28 P.3d 175 (Cal. 2001):

Defendant asserts the trial court erred and the prosecutor committed misconduct during the individualized questioning of prospective jurors about their attitudes regarding the death penalty. Because defendant did not object at trial, he has not preserved these issues for appeal. (People v. Medina (1995) 11 Cal.4th 694, 741, 47 Cal.Rptr.2d 165, 906 P.2d 2.) Moreover, as we shall explain, even if he had preserved the claims, they lack merit.

Other Questions


Is a prospective juror allowed to ask prospective jurors about mitigation or aggravation in a death penalty case? (California, United States of America)
When a prosecutor peremptorily challenges a prospective jury in a murder trial, does the prosecutor have to provide a list of prospective jurors that they were "opposed to the death penalty"? (California, United States of America)
Is a prospective juror improperly excluded from a murder trial because of their adverse views on the death penalty? (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 any grounds to argue that there is a widespread misperception among penalty phase jurors that "death means anything other than execution"? (California, United States of America)
When a prosecutor makes an argument that the prosecutor was aware of the facts to the jury in a death penalty case, is it improper or improper? (California, United States of America)
What is the difference between a prospective juror and prospective jury in a death penalty case? (California, United States of America)
What is the test for excluding for cause a prospective juror because of their views on the death penalty? (California, United States of America)
Does a prosecutor's decision not to seek the death penalty in death penalty cases violate the federal or state constitution? (California, United States of America)
Can a prosecutor ask prospective jurors whether they would vote to convict if he proved defendant guilty beyond a reasonable doubt? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.