And yet, as Eric Freedman, a constitutional law scholar at Hofstra University, has pointed out, "as a brute matter of statistics, the farther you go in death qualification
, the more wrongful convictions you will get.
Because there is little doubt of Burris' guilt, and all jurors in capital trials must pass the death qualification
(which means they are not opposed to the death penalty in all cases), many speculated that Burris' childhood was the factor that prevented the jurors' agreement.
At the pretrial stage, the cost differential stems from death qualification of a jury and defense attorney appointments.
appointment of special counsel, death qualification, additional motions, etc.
The enhanced cost of death qualification is $56,706 per case (the difference between $68,909 for jury selection in death penalty cases versus $12,203 for non-death penalty cases).