Chapter 2 – In Witherspoon v. Illinois, 391 U.S. 510 (1968)
Chapter 2
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- 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?
- Arguments can be made both for and against the grand jury system. Discuss the merits of such a system as well as the shortcomings of the grand jury system.
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