Article by Samuel P. Newton
The Colorado Method of capital jury selection is a widely embraced strategy defense attorneys use to select jurors during voir dire, in which attorneys rank each juror exclusively on the likelihood that the juror will vote for death. The method could benefit from some expansion given lawyers’ lack of access to training, difficulties in discussing punishment with jurors before they have determined the defendant’s guilt, and the risk of oversimplifying how a given juror might reach a decision. While capital juries are already inclined to give death sentences generally, social science researchers have determined that numerous case-specific and juror- specific factors significantly affect jurors’ votes. I review these research findings and conclude that capital defense attorneys would be better served, if courts allow them the time and the resources, by questioning and ranking jurors on a broader set of factors. I propose that with more information in hand, defense attorneys would improve their odds of selecting a jury more inclined to impose a life sentence.
About the Authors
Samuel P. Newton, JD, PhD., Assistant Professor of Law, University of Idaho College of Law.
Citation
96 Tul. L. Rev. 131 (2021)