Case law · Highest court · Federal

Witherspoon v. Illinois

Decided
June 3, 1968
Docket
1015
Status
Published
Jurisdiction
Federal

Cited 4,818 timesNo negative treatment found in this library

What later courts said

  • holding that, in capital cases, Sixth Amendment prohibits systematic removal of venireper-sons opposed to death penalty — United States v. Quinones (2007)
  • holding that potential jurors may not be excluded merely because they voice general moral or philosophical reservations about the death penalty — Commonwealth v. Steele (2008)
  • holding that a prospective juror who would vote automatically for a life sentence is properly excluded — State v. Williams (2002)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

Mr. Justice Stewart delivered the opinion of the Court.

The petitioner was brought to trial in 1960 in Cook County, Illinois, upon a charge of murder. The jury found him guilty and fixed his penalty at death. At the time of his trial an Illinois statute provided:

“In trials for murder it shall be a cause for challenge of any juror who shall, on being examined, state that he has conscientious scruples against capital punishment, or that he is opposed to the same.” [1]

Cite this

Witherspoon v. Illinois, 391 U.S. 510 (1968)

Read the full opinion

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