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The bias imposed by the rule goes beyond the application of the death penalty itself. Several studies have found that death-qualified juries are made up of fewer women and minorities. Death-qualified juries are often criticized because they have a similar effect as excluding jurors based on race or gender, [4] which intentional exclusion, in ...
Witt in terms of how a jury can become death qualified. "The Witt standard gave more discretion to the judge in death qualification. The judge decides whether the jurors' attitudes toward the death penalty would prevent or substantially impair their ability to decide on sentence fairly." [6] The Witt outcome produced a more death qualified jury ...
In United States capital cases (cases where the prosecution pursues the death penalty), the jury must often be "death-qualified". A death-qualified jury is one in which all members of the venire that categorically object to capital punishment are removed. This has the effect of ensuring that the jury will be willing to hand down a sentence of ...
The name refers to a U.S. Supreme Court case in the late 1800s that approved the use of jury instruction by the presiding judge in order to prevent a hung jury. Is an Allen charge an indicator of ...
The Marshall Project reports on the evolving perception and status of the right for death penalty defendants to present mitigating evidence that could sway a jury.
In 1960, a Cook County jury found William C. Witherspoon guilty of the murder of a Chicago police officer, and he was sentenced to death. [1] At the time, when empaneling a death-qualified jury , Illinois state law allowed the exclusion of any potential juror "who, on being examined, state[s] that he has conscientious scruples against capital ...
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States can prohibit sale of obscene material to minors Levy v. Louisiana: 391 U.S. 68 (1968) An illegitimate child may still sue on behalf of a deceased parent; to deny them this right violates the Fourteenth Amendment: Duncan v. Louisiana: 391 U.S. 145 (1968) selective incorporation, trial by jury: United States v. O'Brien: 391 U.S. 367 (1968)