Jury Selection and Scruples

Introduction

In Witherspoon v. Illinois (1968), the U.S. Supreme Court held that jurors cannot be removed merely because of general scruples against capital punishment, adding that a juror may be excluded “for cause” if it is “unmistakably clear” that he or she would automatically vote against the death penalty if sought by the prosecutor or if the juror could not be impartial in the determination of the defendant’s guilt. This holding was affirmed in Lockhart v. McCree (1986).

Instructions

In your main post:

• Compare the similarities and differences between Witherspoon v. Illinois and Lockhart v. McCree cases.
• Explain the effects of the rulings of Witherspoon and Lockhart rulings.

Discussion Objectives

The competency addressed in this discussion is supported by discussion objectives, as follows:

• Competency 3: Apply the 4th, 5th, and 6th Amendments in a criminal justice context.
  • Compare the similarities and differences between Witherspoon v. Illinois and Lockhart v. McCree.
  • Explain the effects of the rulings of Witherspoon and Lockhart.