Exclusion of Death-Scrupled Jurors and International Due Process

31 Pages Posted: 11 Sep 2004

See all articles by John Bernard Quigley

John Bernard Quigley

Ohio State University (OSU) - Michael E. Moritz College of Law

Abstract

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

Quigley, John Bernard, Exclusion of Death-Scrupled Jurors and International Due Process. Available at SSRN: https://ssrn.com/abstract=583162

John Bernard Quigley (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

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