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Witherspoon v. Illinois
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Witherspoon v. Illinois, 391 U.S. 510 (1968), was a
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U.S. Supreme Court case where the court ruled that a
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state statute providing the state unlimited challenge
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for cause of jurors who might have any objection to
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the death penalty gave too much bias in favor of the
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prosecution.
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The Court said,
“
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cannot be squared with the
stacked the deck against the
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petitioner. To execute this death
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sentence would deprive him of his life
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without due process of law.
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Full case
name
Witherspoon v. Illinois
Citations
391 U.S. 510
(more)
Holding
Constitution. The State of Illinois has
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Argued April 24, 1968
Decided June 3, 1968
capital punishment, it is at least clear
that its imposition by a hanging jury
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Supreme Court of the United States
Whatever else might be said of
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Witherspoon v. Illinois
Stacking the jury with only jurors who would
choose the death penalty violates the Sixth
Amendment because it is not an impartial jury
or a cross-section of the community.
”
Court membership
Chief Justice
Earl Warren
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The decision in this case would cause the Supreme
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Court of California to order a retrial on the penalty
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Associate Justices
Hugo Black · William O. Douglas
John M. Harlan II · William J. Brennan, Jr.
Potter Stewart · Byron White
Abe Fortas · Thurgood Marshall
phase in the 1972 case of California v. Anderson,
and when the case was heard for the third time,
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would find the imposition of the death penalty was
unconstitutional on the grounds of the penalty being
cruel or unusual punishment, in violation of the State
Constitution. The decision would become national in
scale when the U.S. Supreme Court also in 1972
Case opinions
Majority
Concurrence Douglas
Dissent
Black, joined by Harlan, White
Dissent
White
ruled in Furman v. Georgia that all death penalty
cases were in violation of the 8th Amendment's
prohibition on cruel and unusual punishment.
See also
Stewart, joined by Warren,
Brennan, Fortas, Marshall
Laws applied
Ill. Rev. Stat., c. 38 s. 743, U.S. Const. amends.
VI, XIV
Wikisource has original text
related to this article:
Witherspoon v. Illinois
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List of United States Supreme Court cases, volume 391
External links
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Full text opinion from Findlaw.com
V· T · E ·
United States Sixth Amendment case law
[hide]
Speedy Trial Clause
[show]
Public Trial Clause
[show]
Impartial Jury Clause
[hide]
Callan v. Wilson (1888) · Natal v. State (1891) · Schick v. United States (1904) ·
District of Columbia v. Colts (1930) · District of Columbia v. Clawans (1937) ·
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United States v. Barnett (1964) · Cheff v. Schnackenberg (1966) · Duncan v. Louisiana
Availability
(1968) · Bloom v. Illinois (1968) · DeStefano v. Woods (1968) · Frank v. United States
(1969) · Baldwin v. New York (1970) · Mayberry v. Pennsylvania (1971) ·
Taylor v. Haynes (1974) · Codispoti v. Pennsylvania (1974) · Blanton v. North Las Vegas
(1989) · United States v. Nachtigal (1993) · Lewis v. United States (1996) ·
Reynolds v. United States (1878) · Connors v. United States (1895) ·
Aldridge v. United States (1931) · Glasser v. United States (1942) ·
Dennis v. United States (1950) · Irvin v. Dowd (1961) · Beck v. Washington (1962) ·
Rideau v. Louisiana (1963) · Sheppard v. Maxwell (1966) · Witherspoon v. Illinois
Impartiality
(1968) · Ham v. South Carolina (1973) · Murphy v. Florida (1975) · Ristaino v. Ross
(1976) · Adams v. Texas (1980) · Rosales-Lopez v. United States (1981) · Patton v. Yount
(1984) · Wainwright v. Witt (1985) · Turner v. Murray (1986) · Lockhart v. McCree (1986) ·
Gray v. Mississippi (1987) · Ross v. Oklahoma (1988) · Mu'Min v. Virginia (1991) ·
Morgan v. Illinois (1992) · United States v. Martinez-Salazar (2000) ·
Skilling v. United States (2010) ·
McMillan v. Pennsylvania (1986) · Walton v. Arizona (1990) ·
Almendarez-Torres v. United States (1998) · Jones v. United States (1999 ·
Facts found
Apprendi v. New Jersey (2000) · Harris v. United States (2002) · Ring v. Arizona (2002) ·
Blakely v. Washington (2004) · Schriro v. Summerlin (2004) · United States v. Booker
(2005) · Washington v. Recuenco (2006) · Cunningham v. California (2007) ·
Oregon v. Ice (2009) · Southern Union Co. v. United States (2012) ·
Thompson v. Utah (1898) · Maxwell v. Dow (1900) · Rassmussen v. United States (1905)
Size and unanimity
· Patton v. United States (1930) · Williams v. Florida (1970) · Apodaca v. Oregon (1972) ·
Ballew v. Georgia (1978) · Burch v. Louisiana (1979) ·
United States v. Dawson (1853) · Jones v. United States (1890) · Cook v. United States
Vicinage Clause
(1891) · Burton v. United States (1905, 1906) · Ruthenberg v. United States (1918) ·
Lewis v. United States (1929) · United States v. Cabrales (1998) ·
Information Clause
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[show]
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Confrontation Clause
[show]
Compulsory Process Clause
[show]
Assistance of Counsel Clause
[show]
This article related to the Supreme Court of the United States is a stub. You can help
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Categories: United States Supreme Court cases
Cruel and Unusual Punishment Clause and death penalty case law
United States Sixth Amendment jury case law Capital punishment in Illinois
1968 in United States case law United States Supreme Court stubs
This page w as last modified on 23 July 2013 at 20:36.
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