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ABA Division for Public Education

Spring 2004
The Future of Capital Punishment: Current Policies and New Debates

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To access other sections of the 2004 NOYS site, or to return to the main NOYS page, use the Summit menu to the right.

Learning Links and Readings

The Role of Juries in Capital Cases

Cases

Batson v. Kentucky, 476 U.S. 79 (1986)
Did the prosecutor's removal of the black jurors by using peremptory strikes violate the defendant's rights under the Sixth and Fourteenth Amendments to a jury drawn from a cross-section of the community, and under the Fourteenth Amendment to equal protection of the laws?

Lockhart v. McCree, 476 U.S. 162 (1986)
Does the Constitution prohibit the removal of prospective jurors whose opposition to the death penalty is so strong that it would prevent or substantially impair the performance of their duties as jurors at the sentencing phase of the trial?

Ring v. Arizona, 536 U.S. 584 (2002)
Does Arizona's capital sentencing scheme violate the Sixth Amendment's jury trial guarantee by entrusting to a judge the finding of facts sufficient to impose the death penalty?

Turner v. Murray, 476 U.S. 28 (1986)
Did a trial judge's refusal to question the prospective jurors on racial prejudice (after the judge had been asked to do so) deprive the defendant of a fair trial?

Walton v. Arizona, 497 U.S. 639 (1990)
Must a jury make every finding of fact underlying a sentencing decision?

Witherspoon v. Illinois, 391 U.S. 510 (1968)
Did the elimination of potential jurors on the basis of their scruples about the death penalty result in a jury that fell short of that guaranteed to the petitioner under the Sixth and Fourteenth Amendments?

 

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