NCJ Number
113803
Journal
Law and Human Behavior Volume: 12 Issue: 3 Dated: (September 1988) Pages: 263-281
Date Published
1988
Length
19 pages
Annotation
Studies analyzing the relationship between jurors' attitudes toward the death penalty and rejection of aggravating and mitigating circumstances conclude that death qualification in capital cases produces biases against the defendant's interests at all stages of the trial process.
Abstract
In Study One, 325 jurors called for jury duty in the Superior Court of Wake County, N.C. voluntarily completed questionnaires in the jury lounge. The results showed that jurors strongly opposed to the death penalty were significantly more receptive to mitigating circumstances than were the remaining jurors. Study Two examined whether the results of Study One would be replicated when jurors who would actually be excluded in a capital case were compared with those who would actually be retained. The sample consisted of 151 male and 166 female jurors. The results indicated that jurors who would have been excluded for their opposition to the death penalty under the Witherspoon standard were significantly less receptive to aggravating circumstances that were the other jurors. Survey items and over 25 references. (Author abstract modified)