When a prosecutor challenged nine prospective jurors for cause at a jury trial for the murder of a man who was found guilty of murder by reason of insanity, can they be excused for cause?

California, United States of America


The following excerpt is from People v. Maury, 133 Cal.Rptr.2d 561, 30 Cal.4th 342, 68 P.3d 1 (Cal. 2003):

The prosecutor challenged nine prospective jurors for cause. The trial court granted eight of those challenges. Defendant now claims that the court erred in granting six of the eight challenges for cause. As will appear, because the challenged prospective jurors indicated either that they could not apply the death penalty under any circumstance, or were not prepared to impose the death penalty and were undecided as to their ability to do so, the trial court did not err in excusing them. (People v. Cunningham, supra, 25 Cal.4th at pp. 980-982, 108 Cal.Rptr.2d 291, 25 P.3d 519.) Moreover, at the most, the potential jurors' statements were equivocal and conflicting regarding their ability to render a death verdict. Thus, we must defer to the trial court's determination of their states of mind.

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