The Oyez Project: Criminal Procedure Issues - Jurors and Death Penalty

Adams v. Texas

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Buchanan v. Kentucky

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Bumper v. North Carolina

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Gray v. Mississippi

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Lockhart v. McCree

During the capital trial of Ardia McCree, a judge removed prospective jurors who stated that under no circumstances would they be able to impose the death penalty. The Eighth Circuit Court of Appeals found that the judge's actions violated the Sixth and Fourteenth Amendments of the Constitution. A.L. Lockhart, the director of the Arkansas Department of Correction, appealed this decision to the Supreme Court.

Louie L. Wainwright, Secretary, Florida, Dept of Corrections v. Johnny Paul Witt

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Maxwell v. Bishop

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Mcgautha v. California

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Morgan v. Illinois

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Ross v. Oklahoma

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Witherspoon v. Illinois

Witherspoon was convicted of murder and sentenced to death by a jury in Illinois. An Illinois statute provides grounds for the dismissal of any juror with "conscientious scruples" against capital punishment. At Witherspoon's trial, the prosecution eliminated nearly half of the prospective jurors with qualms about capital punishment. The prosecution did not find out if most of the jurors dismissed would necessarily vote against capital punishment.

Witherspoon appealed, alleging that the dismissal of prospective jurors with qualms about capital punishment violated his Sixth Amendment right to an "impartial jury" and 14th Amendment right to due process. On appeal, the Illinois Supreme Court found that no constitutional violation took place.