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re: What are your views on the following issues?
Posted on 8/14/14 at 1:32 am to Tornado Alley
Posted on 8/14/14 at 1:32 am to Tornado Alley
quote:
I'm sorry, have you been through voir dire in a criminal proceeding? If so, please tell me about the automatic strikes opposing counsel may raise at any time based on numerous discriminatory bases.
You just made my point. These jurors are not random, which was your original position.
Posted on 8/14/14 at 2:09 am to Pavoloco83
You may be correct in non-death penalty cases, but based on state and federal precedent, jury voir dire in death penalty cases is so heavily in favor of the State it's laughable. If you are opposed to the death penalty, you constitute a for cause strike, which is not subject to a Batson challenge. However, if you are for the death penalty, statements in support of a per se application of the death penalty in murder cases are not sufficient for juror disqualification, based upon the ridiculous notion that if said juror indicates an ability to consider mitigating circumstances upon conviction, no disqualification is required. This double standard is but one reason to oppose to oppose the death penalty.
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