Explore BrainMass
Share

Explore BrainMass

    general scruples against capital punishment

    This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

    In Witherspoon v. Illinois, 391 U.S. 510 (1968), the U.S. Supreme Court held that jurors cannot be removed merely because of general scruples against capital punishment, adding that a juror may be excluded "for cause" if it is "unmistakably clear" that he or she would automatically vote against the death penalty if sought by the prosecutor or if the juror could not be impartial in the determination of the defendant's guilt. This holding was affirmed in Lockhart v. McCree, 476 U.S. 162 (1986). Discuss the effects of these rulings. How are the two cases similar? How are they different? Do you agree with the decision of the Court? Why or why not?

    © BrainMass Inc. brainmass.com October 10, 2019, 6:22 am ad1c9bdddf
    https://brainmass.com/law/criminal-law-and-justice/general-scruples-against-capital-punishment-541750

    Solution Preview

    http://american-civil-liberties.com/cases/4067-lockhart-v-mccree-476-us-162-1986.html

    In Witherspoon v. Illinois, 391 U.S. 510 (1968), the U.S. Supreme Court held that jurors cannot be removed merely because of general scruples against capital punishment, adding that a juror may be excluded "for cause" if it is "unmistakably clear" that he or she would automatically vote against the death penalty if sought by the prosecutor or if the juror could not be impartial in the determination of the defendant's guilt. This holding was affirmed in Lockhart v. McCree, 476 U.S. 162 (1986). In 2-3 pages, discuss the effects of these rulings. How are the two cases similar? How are they different? Do you agree with the decision of the Court? Why or why not?
    Lockhart v. McCree did not AFFIRM the ruling iin Witherspoon v. Illinois because the Court distinctly distinguished between Lockhart and Witherspoon in its ruling as Witherspoon ...

    Solution Summary

    The general scruples against capital punishments are provided.

    $2.19