How to Meet Jury Requirements for Capital Murder Cases

"Death-qualified" is the primary guideline used to select jurors.

Capital murder case jurors perform special roles and responsibilities to defendants, defense and prosecution legal teams, and the U.S. court system. The requirements to serve on capital murder juries are stringent. The term "death-qualified" describes the guiding principle used in selecting jurists for capital murder trials. The term aptly describes the responsibilities of jurists to reach a decision that could result in an acquittal, a life sentence, or in some states, death.

Instructions

1. 

   Capital murder jury members must be honest about their beliefs regarding capital punishment and life imprisonment.

   Anticipate scrutiny on your beliefs and opinions regarding capital punishment, knowing that this could be the potential outcome of the trial. The defense and prosecution teams will interview you based on how you respond to two qualifications to determine whether you are "death-qualified."
   The first qualification focuses on your opposition or support of capital punishment. You will be probed to assess your opinions and understanding that you could be required to impose a sentence of death. The second qualification will focus on your opinions and attitudes regarding imposing a sentence of life imprisonment.

   It is important to know that "death-qualified" is a guideline for jury selection. It is not a law. The Sixth Amendment to the United States Constitution, which imparts the "right to citizens for a speedy and public trial, by an impartial jury" and subsequent Supreme Court proceedings (Witherspoon v. Illinois, 1968; and Lockart v. McCree, 1986), are often cited to support and substantiate the use of the "death-qualified" fundamentals in capital murder jury selection.

2. 

   Capital murder jury members must be fair and impartial.

   Evaluate your position and honestly communicate your beliefs during the prospective juror interview process. The attorneys on both sides--defense and prosecution--make the final determination of jurists.

   The legal procedure for removing a jurist from selection is called "voir dire." This means that the prospect would not be able to provide the defendant, litigators and the courts with "fair and impartial" jury service.

3. Consider additional selection factors. Understand that many things are involved in the jury selection process. A concern, especially among defense attorneys, is having a racial and sexual makeup of jury pools to provide the defendant with a jury that is representative of his or her peers. Be aware that these issues may be a part of final selection determination.

4. Prepare for required time commitment. Anticipate waiting weeks, if not months, to know whether you have been assigned as a jurist. Be aware that you may have to serve weeks or months if you are selected. Do not worry about your job. Laws protect you from being fired, terminated or discriminated against because of serving on a jury.

5. Recognize and fulfill your responsibilities if selected. Fines and punishment are attached to nonfulfillment if you are chosen to serve and do not comply. Listen carefully to the instructions that the judge will provide at the opening of the trial. Abide by all rules, including whom and what not to talk about, note taking, how to ask questions, and--most important--how to conduct yourself as a jurist during deliberations.

Tips & Warnings

• Maintain a sense of objectivity. Do not discuss or form a bias in regards to the merits of the case or about the defendant. Use information provided to you during the trial.

• Be prepared for media inquiries after the trial is over.