INTL3540 Lecture Notes - Death-Qualified Jury, Thomas Edison, George Westinghouse
11 Mar 2014
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Witherspoon v. illinois (1968): witherspoon was convicted of murder and sentenced to the death penalty. They would decide the guilt or innocence separate from the penalty phase: court says: a death qualified jury cannot make an impartial decision regarding the penalty phase, this is the end of the death penalty. J. e. b. v. alabama (1994): preemptory having to do with women. Death penalty has roots in americans who came from england: hanging was used by all the colonies. In england 200 crimes were punishable by death. In colonies 12 crimes were punishable by death. Tension between punishment and humanity was seen this early. As well as a commitment to due process and a fair trial. Tension regarding the death penalty has its source then and plays out to this day. Capital defendants have a right to an attorney in colonies (not that way in england until 1846).
