What is the test for selecting a prospective juror for a death penalty case?
California, United States of America
The following excerpt is from The People v. Russell, No. RIF72974, S075875 (Cal. 2010):
Here, the questions did not suffer from the same deficiency present in People v. Stewart; the questions probed whether a prospective juror would experience difficulty imposing the death penalty, but also very directly asked whether a juror would "always" vote for or against the death penalty no matter what the evidence demonstrated. From a prospective juror's responses, it was possible to ascertain whether that juror would
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