Witherspoon v. Illinois and Taylor v. Louisiana have delineated the impact of the death qualification process on jury selection in America. The author examines the dilemma that arises in trying to construe these two Supreme Court cases consistently, and reviews Grigsby v. Mabry, the only decision to directly confront the apparent inconsistency of Witherspoon and Taylor. The author concludes that the death qualification process adversely affects the impartiality of a jury otherwise drawn from a fair cross-section of the community.
Joel S. Sansone,
A Clash of Cases: Jury Death Qualification and the Fair Cross-Section Requirement,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol22/iss3/8