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Death-qualified Jury




Expressing opposition to the death penalty does not automatically disqualify a juror. A party may attempt to rehabilitate the juror by asking questions about whether they would consider the death penalty. On the other hand, a juror stating that they favor the death penalty may also be excused. To rehabilitate this juror, the juror must state that they are willing to consider Life In Prison .

The Constitutional ity of a death-qualified jury has been upheld by the Supreme Court Of The United States in ''Witherspoon v. Illinois'', 391 U.S. 510 (1968), and ''Lockhart v. McCree'', 476 U.S. 162 (1986). The use, however, of a death-qualified jury is not constitutionally mandated.


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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 , which is unconstitutional.

Empirical evidence, presented in ''Lockhart'', also has shown that death-qualified juries are more likely to convict.