Davis v. Georgia

Background

A man convicted of murder in Georgia was sentenced to death after a jury was chosen. The Georgia Supreme Court found that one prospective juror who voiced general objections to the death penalty was excluded during selection. That court nonetheless upheld the conviction and sentence, saying the single exclusion did not deny the defendant a jury representing the community.

Reasoning

The core question was whether excluding a juror for general objections to capital punishment — without showing the juror would under any circumstance vote for life — invalidates a death sentence. Relying on the earlier Witherspoon decision, the Court held that a juror cannot be removed for such general scruples unless the juror is shown to be irrevocably committed to vote against the death penalty no matter what evidence appears at trial. Because the excluded juror was not shown to be irremovably opposed, the exclusion was improper. The Court therefore granted review, reversed the judgment, and sent the case back for further proceedings consistent with that rule.

Real world impact

The decision means courts must follow the Witherspoon standard when jurors voice general objections to capital punishment. Death sentences imposed after improperly excluding such jurors cannot stand, and state courts may have to retry or reconsider affected cases. The ruling requires trial judges to probe jurors’ views more fully before excluding them for cause.

Dissents or concurrances

Justice Rehnquist, joined by two Justices, dissented, arguing the issue deserved full briefing and oral argument and that the Court should consider whether the error was harmless or whether further questioning of the excluded juror could resolve the doubt.