Summary

Maxwell v. Bishop — Opinion of the Court

As we there observed, it cannot be supposed that once such people take their oaths as jurors they will be unable 'to follow conscientiously the instructions of a trial judge and to consider fairly the imposition of the death sentence in a particular case.' 394 U.S., at 484, 89 S.Ct. at 1142. 'Unless a venireman states unambiguously that he would automatically vote against the imposition of capital punishment no matter what the trial might reveal, it simply cannot be assumed that that is his position.' Witherspoon v.
Source: Wikisource

Maxwell v. Bishop — Opinion of the Court

Another venireman was removed from the jury panel on the basis of the following question and answer:
'Q. Do you entertain any conscientious scruples about imposing the death penalty?
'A. Yes, I am afraid I do.' Still another member of the panel was dismissed after the following colloquy:
'Q. Mr. Adams, do you have any feeling concerning capital punishment that would prevent you or make you have any feelings about returning a death sentence if you felt beyond a reasonable doubt that the defendant was guilty and that his crime was so bad as to merit the death sentence?
Source: Wikisource

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