Death by Design: Capital Punishment as Social Psychological System

By Craig Haney | Go to book overview

6

Preparing for the Death Penalty
in Advance of Trial:
Process Effects in Death-Qualifying
Capital Juries

Tendencies, no matter how slight, toward the selection of jurors
by any method other than a process which will insure a trial by a
representative group are undermining processes weakening the
institution of jury trial, and should be sturdily resisted.

—Justice Frank Murphy, Glasserv. United States (1942)

Attorneys and legal scholars often comment that trials—especially criminal trials—are won and lost at the jury selection stage of the case. Public sentiments run strong on many of the issues that frame the context in which decisions about crime and punishment are made in court and, depending on the views and sentiments that are represented on the jury, one or another outcome may be much more likely (if not actually foreordained). In most kinds of cases this dictum about winning and losing in jury selection is a cautionary tale about the importance of taking the process of picking a jury seriously. Attorneys who are careless or indulge their unverified theories about "ideal" jurors are likely to be disappointed when the jury's verdict finally is returned. However, in capital cases, the winning and losing of the trial at this early stage may come about in another way. Here there are structural issues that are brought to bear on the jury selection process that appear to change the odds in these cases in ways that distinguish them from other criminal trials.

As the studies reviewed in the last chapter illustrated, death qualification significantly influences the composition of the jury that ultimately is selected in capital cases. The group that remains once the process is complete tends to be unrepresentative of juries in general and often does not reflect the demographic makeup of the venue from which it is selected. Death-qualified jurors also tend to favor the prosecution, are inclined toward conviction, and tilt in favor of rendering death rather than life sentences. Of course, these are the only kind of juries—ones composed exclusively of death-qualified jurors—that the law permits to sit in capital cases. In addition, however,

-115-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Death by Design: Capital Punishment as Social Psychological System
Table of contents

Table of contents

  • Title Page iii
  • Series Foreword vii
  • Preface ix
  • Acknowledgments xvii
  • Contents xix
  • 1: Blinded by the Death Penalty 3
  • 2: Frameworks of Misunderstanding 27
  • 3: Constructing Capital Crimes and Defendants 45
  • 4: The Fragile Consensus 67
  • 5: A Tribunal Organized to Convict and Execute? 93
  • 6: Preparing for the Death Penalty in Advance of Trial 115
  • 7: Structural Aggravation 141
  • 8: Misguided Discretion 163
  • 9: Condemning the Other 189
  • 10: No Longer Tinkering with the Machinery of Death 211
  • Concluding Thoughts: Death Is Different 241
  • Notes 247
  • Index 323
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 329

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.