NCJ Number
112683
Journal
Denver University Law Review Volume: 65 Issue: 1 Dated: (1988) Pages: 1-40
Date Published
1988
Length
40 pages
Annotation
This article supports the U.S. Supreme Court's decision in Lockhart v. McCree (1986), which held that a State can constitutionally exclude from the guilt-innocence trial, as well as from the sentencing trial, those venire members unalterably opposed to capital punishment.
Abstract
This decision preserves the values of the unitary capital jury, thus allowing the States to remove hidden nullifiers and the preserve a uniform procedure for handling serious murder cases. The decision also avoids the fruitless and counterproductive jury-selection effort that would otherwise be required, i.e., determining which venire members might be biased against capital punishment in the sentencing phase of the trial but unbiased in determining guilt and innocence. The 'McCree' decision also ensures that every juror who considers a death sentence will have shared in hearing and assessing every aspect of the case prior to sentencing considerations. Additionally, no juror can approach the determination of guilt or innocence with the view that the sentencing responsibility belongs to another. Finally, 'McCree' will remove the inducement to replace sentencing juries with judges. 212 footnotes.