Is a prospective juror improperly excluded from a murder trial because of their adverse views on the death penalty?

California, United States of America


The following excerpt is from People v. Hovey, 244 Cal.Rptr. 121, 44 Cal.3d 543, 749 P.2d 776 (Cal. 1988):

Defendant contends that five prospective jurors were improperly excluded by reason of their adverse views regarding the death penalty. According to defendant, these prospective jurors failed to make it unmistakably clear that they would automatically vote against the death penalty without regard to the evidence produced at trial. (See Witherspoon v. Illinois, supra, 391 U.S. at pp. 522-523, fn. 21, 88 S.Ct. at pp. 1777-1778, fn. 21; Hovey v. Superior Court, supra, 28 Cal.3d 1, 10-11, 168 Cal.Rptr. 128, 616 P.2d 1301.)

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