Exclusion of Death-Scrupled Jurors and International Due Process
31 Pages Posted: 11 Sep 2004
The exclusion from capital juries of certain prospective jurors who are death-scrupled has been found by the U.S. Supreme Court not to violate any constitutional guarantee relating to fair trial. In recent decades, international standards have become more refined on procedural guarantees required in capital cases. Death-qualification is of questionable validity under international standards, in particular the guarantee of trial by an impartial tribunal.
Keywords: Ring, Witherspoon, Lockhart, death penalty, sentencing
JEL Classification: K14, K33, K42
Suggested Citation: Suggested Citation