An Analysis of State Statutes on Capital Juror Disqualification

• In Event: Posters I

Abstract

Despite increasing unease with the death penalty in the United States, many states continue conducting capital trials purged of jurors categorically opposed to the death penalty. The resulting death-qualified juries are of great concern because they are more likely to both convict and sentence a defendant to death. An analysis of capital juror disqualification criteria found in state statutes reveals states place a heavy emphasis on disqualifying prospective jurors who oppose the death penalty, but devote scarce attention to addressing procedures for disqualifying prospective jurors with pro-prosecution and pro-death biases. Furthermore, roughly half of the states where capital punishment remains legal do not even have statutes specifically addressing capital jurors disqualification criteria, and the half that do have statutes have ones that are woefully inadequate. This article concludes by proposing a model statute states can adopt to increase fairness in current capital juror disqualification practices.

Authors

• Alexander Updegrove, Sam Houston State University

• Rolando del Carmen, Sam Houston State University