Like all juries, the death-qualified jury
is made up of ordinary people who have no special expertise, and who must cope, especially in capital trials, with complex emotions, facts, and instructions.
Inexperienced attorneys typically will "grossly underestimate the difficulty in convincing a death-qualified jury that there is a reasonable doubt as to the defendant's guilt," failing to appreciate that "death-qualified juries .
A death-qualified jury is one selected by eliminating people whose views on the death penalty substantially impair their willingness to impose it.
In a death-qualified jury
, any potential jurors whose verdict may be affected by their misgivings about the death penalty are removed from the panel.
The Court appeared to leave open the question of whether, if a defendant showed that his death-qualified jury was "less than neutral with respect to guilt," the state could be required to use two juries, the first for the determination of guilt, and the second (which alone would be death-qualified) for the determination of sentence.
McCree, an Arkansas defendant was convicted of capital murder by a death-qualified jury.
72) Based on the available empirical evidence, such a jury is likely to evaluate the evidence at trial in an entirely different and better way than the average death-qualified jury.
162 (1986) (upholding constitutionality of death-qualified jury in capital cases).
indicated, (168) jurors on a death-qualified jury are likely to evaluate
have a death-qualified jury took root during the nineteenth century.