Monday, October 31, 2011

death penalty

     When a trial is being arranged for a capital crime ( one that may result in a death sentence ), potential jurors are asked if they believe in the death penalty as a "qualifying" question. If the potential juror states that he or she does not believe in the death penalty, the potential juror is "disqualified". The jury will be made up only of  people who have agreed in advance that the death penalty is an acceptable criminal sentence. This not only undermines our entire jury system--wherein twelve citizens decide the facts of each case, and the guilt or innocence of the defendant--it also undermines the base of democratic government itself. We supposedly have representatives to pass laws to which the majority of the citizens have agreed, since it took a majority to elect each representative. But when selecting jurors for capital cases, more people may be turned away than accepted. In other words, more people disapprove of the death penalty than approve of it. I would like to know what the exact numbers are--that is, how many potential jurors are considered unfit, according to this test of belief, compared to the number who qualify. Two for every one?  A lawyer once guessed it at ten people turned down for each one accepted--hardly evidence that a majority wanted this law enacted.

No comments:

Post a Comment