A death qualified jury is a jury in a criminal law case in the united states in which the death penalty is a prospective sentencesuch a jury will be composed of jurors who are not categorically opposed to the imposition of capital punishment are not of the belief that the death penalty must be imposed in all instances of capital murder that is they would consider life imprisonment as a . Jury selection in death penalty cases poses serious problems not found in typical criminal cases during the voir dire jurors in capital cases are questioned about their views regarding capital punishment in order to discover whether they will be able to follow the law in deciding what sentence to impose. In hurst the high court found that floridas law failed to give juries enough influence in deciding whether to sentence a defendant to death the jury had voted 7 to 5 for the death penalty the judge then reviewed the facts of the case separately and concurred but the high court rejected that approach. Reading a supreme court ruling of last january in a widely expansive way a divided delaware supreme court on tuesday struck down that states death penalty law it ruled that the supreme courts most recent ruling on death sentencing requires that the ultimate choice of life or death can only be made by a jury not a judge. On monday the supreme court announced it would not stop south dakota from killing a man who may have been sentenced to death because he is gay some of the jurors who imposed the death penalty on
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