What is the test for excusing a prospective juror for their views on the death penalty?

California, United States of America


The following excerpt is from People v. Welch, 20 Cal.4th 701, 85 Cal.Rptr.2d 203, 976 P.2d 754 (Cal. 1999):

"A prospective juror may be excused for cause if his or her views on capital punishment would ' "prevent or substantially impair the performance of his [or her] duties as a juror...." ' [Citations.] Where a prospective juror's responses are equivocal or conflicting, the trial court's assessment of the juror's state of mind is generally binding. Where there is no inconsistency, but simply a question whether the juror's responses demonstrated a bias for or against the death penalty, the trial court's judgment will not be set aside if it is supported by substantial evidence." (People v. Wash (1993) 6 Cal.4th 215, 254, 24 Cal.Rptr.2d 421, 861 P.2d 1107.)

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