California, United States of America
The following excerpt is from People v. Grimes, 182 Cal.Rptr.3d 50, 340 P.3d 293, 60 Cal.4th 729 (Cal. 2015):
clearly that he would be able to follow the law. However, he then indicated that If a person flat had no intention to kill ... it would be hard to give them the death penalty. J.W. affirmed that he felt it was necessary to have an intent to kill in order to receive the death penalty. When the judge rephrased the question, he stated that his mind would not be made up against the death penalty. Yet when the judge asked him whether there was some absolute requirement of an intent to kill before he could impose the death penalty, J.W. repeated, If he didn't deliberately kill somebody or she, then I would have trouble giving the death sentence. Because Prospective Juror J.W.'s statements were conflicting and ambiguous, we must accept the trial court's determination regarding his true state of mind. (See People v. Jenkins, supra, 22 Cal.4th at p. 987, 95 Cal.Rptr.2d 377, 997 P.2d 1044.)
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