What is the impact of underrepresentation of women and blacks on the selection of a capital sentencing jury?

California, United States of America


The following excerpt is from People v. Turner, 208 Cal.Rptr. 196, 37 Cal.3d 302, 690 P.2d 669 (Cal. 1984):

I recognize that some underrepresentation of women and blacks on capital sentencing juries is unavoidable, since the views of women and blacks regarding the death penalty make them more prone to being excluded for cause than men and whites, respectively. (See Hovey v. Superior Court, supra, 28 Cal.3d at pp. 55-56 [women], 57 [blacks], 168 Cal.Rptr. 128, 616 P.2d 1301.) However, the fact that a certain degree of underrepresentation is inevitable[690 P.2d 693] makes it all the more imperative that the proportion of women and blacks not be diluted [37 Cal.3d 339] further. This would seem to be a particularly compelling concern in capital cases, where the issue is literally life or death. And it should be an even greater imperative where one of the underrepresented groups is also the group that has traditionally been singled out in disproportionate numbers to receive death sentences.

Other Questions


When a jury has been sworn in, can the trial court reopen jury selection after the jury has already been sworn? (California, United States of America)
Can a jury be found to have been prejudiced by a judge who made a nonstandard comment to the jury during jury selection? (California, United States of America)
In a capital murder case, in what circumstances will the California Supreme Court order that a juror should not submit a questionnaire for the purpose of selecting a jury in capital murder cases? (California, United States of America)
What are the consequences of a jury's failure to determine the scope of a sentence that would have reduced a defendant's sentence? (California, United States of America)
Does a jury have to consider the power of the Governor's pardon power in determining a criminal sentence in a capital case? (California, United States of America)
Does the definition of reasonable doubt given during jury selection constitute a jury instruction? (California, United States of America)
What is the impact of a death sentence on a defendant's right to appeal against his sentence? (California, United States of America)
Are there any cases where the jury has been asked to consider the impact of the evidence on the jury and the audience? (California, United States of America)
What is the effect of jury selection procedures that unnecessarily narrow the jury? (California, United States of America)
Does a defendant have to waive his right to a jury to appeal his conviction on appeal of a jury selection error? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.