Is a prospective juror who opposes the death penalty automatically disqualified?

California, United States of America


The following excerpt is from People v. Caro, 248 Cal.Rptr.3d 96, 442 P.3d 316, 7 Cal.5th 463 (Cal. 2019):

Prospective jurors in a capital case who oppose the death penalty are not automatically disqualified "simply by virtue of their personal views on that punishment." ( People v. Fuiava (2012) 53 Cal.4th 622, 656, 137 Cal.Rptr.3d 147, 269 P.3d 568.) A trial court should only dismiss a prospective juror for cause if the juror's views would "prevent or substantially impair" that juror from carrying out their duty. ( People v. Lancaster (2007) 41 Cal.4th 50, 78, 58 Cal.Rptr.3d 608, 158 P.3d 157 (Lancaster ).)

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