Morgan v. Illinois, 504 U.S. 719, 17 (1992)

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Cite as: 504 U. S. 719 (1992)

Opinion of the Court

venting or substantially impairing their duties in accordance with their instructions and oath. But such jurors—whether they be unalterably in favor of, or opposed to, the death penalty in every case—by definition are ones who cannot perform their duties in accordance with law, their protestations to the contrary notwithstanding.

As to general questions of fairness and impartiality, such jurors could in all truth and candor respond affirmatively, personally confident that such dogmatic views are fair and impartial, while leaving the specific concern unprobed. More importantly, however, the belief that death should be imposed ipso facto upon conviction of a capital offense reflects directly on that individual's inability to follow the law. See supra, at 729. Any juror who would impose death regardless of the facts and circumstances of conviction cannot follow the dictates of law. See Turner v. Murray, 476 U. S., at 34-35 (plurality opinion). It may be that a juror could, in good conscience, swear to uphold the law and yet be unaware that maintaining such dogmatic beliefs about the death penalty would prevent him or her from doing so.9 A

defendant on trial for his life must be permitted on voir dire

9 That certain prospective jurors maintain such inconsistent beliefs— that they can follow the law, but that they will always vote to impose death for conviction of a capital offense—has been demonstrated, even in this case. See n. 2, supra. Indeed, in Wainwright v. Witt, 469 U. S. 412 (1985), we set forth the following exchange, highlighting this inconsistency in beliefs in regards to Witherspoon v. Illinois, 391 U. S. 510 (1968):

"THE COURT: Wait a minute, ma'am. I haven't made up my mind yet. Just have a seat. Let me ask you these things. Do you have any prefixed ideas about this case at all?

"[A]: Not at all. "THE COURT: Will you follow the law that I give you? "[A]: I could do that. "THE COURT: What I am concerned about is that you indicated that you have a state of mind that might make you be unable to follow the law of this State.

"[A]: I could not bring back a death penalty. "THE COURT: Step down." 469 U. S., at 432, n. 12.

735

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