Juries - A Proposed New Standard for Death-Qualified Juries - The Aftermath of Lockhart v. McCree
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Neumeyer, Gregory W.
INTRODUCTION|A cross section of any population group, whether town, office, or jury venire, is likely to include individuals who have an unqualified aversion to the death penalty. The United States Supreme Court, in deciding Lockhart v. McCree, struggled with whether individuals with an antipathy for the death penalty could be challenged in a capital case for cause. In McCree, the Court held that a predisposition against the death penalty could be used to exclude a venire person from a jury.|This Note begins with an examination of the sixth amendment to the United States Constitution's requirement of an impartial jury. This Note next unpacks the fair cross-section and distinctive group requirements that are implicit within the sixth amendment and discusses the burden that the state must bear to justify an encroachment on sixth amendment principles. Tracing the evolution of the Witherspoon-excludable doctrine, this Note analyzes the future usefulness of the doctrine. Finally, this Note tries to clear the confusion left by the McCree decision, and the Note proposes an alternative method for selecting juries in cases involving the death penalty...
20 Creighton L. Rev. 247 (1986-1987)
Creighton University School of Law