Buddhist Catholic Contemplative Evangelical General Christian Hindu Jewish Latter-day Saint Muslim New Visions Progressive Christian

Beliefs

Topics

Columnists

Resource Library

Research Tools

Video

Podcasts

Thought Readers

Faith In Media Tracker

Newsletters

Ad-Free & Subscriber Log-In Subscription Support

Follow Patheos

Home
Progressive Christian
Religion News
Rigged: On the Partiality of the (a) Death Qualified Jury (or why Scott Eizember shouldn’t be executed by Oklahoma in January)

Rigged: On the Partiality of the (a) Death Qualified Jury (or why Scott Eizember shouldn’t be executed by Oklahoma in January)

Last updated on: October 22, 2022 at 11:38 pm by Jeff Hood

Rigged: On the Partiality of the (a) Death Qualified Jury (or why Scott Eizember shouldn’t be executed by Oklahoma in January) 2022-10-22T23:38:02-06:00 Jeff Hood

LOGO Patheos Explore the world's faith through different perspectives on religion and spirituality! Patheos has the views of the prevalent religions and spiritualities of the world.

Unsplash

October 22, 2022

Rigged: On the Partiality of the (a) Death Qualified Jury (or why Scott Eizember shouldn’t be executed by Oklahoma in January)

Here in the United States, juries that decide death penalty cases are required to be free of attitudes that would, “prevent or substantially impair their ability to decide a sentence fairly.” This means that a jury must be prepared to consider a death sentence…also known as a death qualified jury (…which should mean that they are also prepared to consider a life sentence…ie a life qualified jury). The standard was set in the United States Supreme Court decision, Wainwright v. Witt, in 1985. Since then, death penalty juries are regularly scrutinized for their adherence to such a standard. Prior to the death penalty trial of Scott Eizember, a juror known as D.B. had the following answers/replies on their juror questionnaire/interactions with Eizember’s attorney:

D.B.

Have you ever formed an opinion either in favor or against the death penalty? If so, explain.

Yes X No _

I firmly believe if you take a life you should lose yours.

What are your feelings about the death penalty? Please explain:

I have no reservations about seeing someone put to death so long as it has been proven the person is guilty, especially if they have taken the lives of others.

What purpose do you think the death penalty serves in our society?

Keeps taxpayers from having to support a criminal for the remainder of their life

Do you think the death penalty in Oklahoma is used too often or too seldom?

Definitely not too often.

Check the “one” statement which “best” summarizes your general views about capital punishment (the death Penalty):

_1. I am opposed to capital punishment under any circumstances.

_2. I am opposed to capital punishment except, in a few cases where it may be appropriate.

_3. I am neither generally opposed, nor generally in favor of capital punishment.

_4. I am in favor of capital punishment, except in a few cases where it may not be appropriate.

X 5. I am strongly in favor of capital punishment as an appropriate penalty.

If you were Mr. Eizember or the State of Oklahoma would you want yourself as a juror in this case?

Yes (_) No (X )

Because if I feel guilt has been proven, I would not hesitate to impose the death penalty.

These responses, Mr. Eizember argues, show that D.B. couldn’t fairly consider all three sentencing options for first-degree murder (death, life without parole, and life with the possibility of parole) and had to be excluded.

Besides, even if these answers don’t suffice to show that much, Mr. Eizember claims that D.B.’s colloquy with his lawyer during voir dire certainly does. During that exchange, counsel asked D.B. whether she would be able to consider a sentence of life without parole. “If the death penalty was not an option, yes,” she replied. Asked to elaborate, she reasoned: “If they’re in prison for the remainder of their life without a possibility of parole why not the death penalty?” The exchange continued:

[Q]: All right, so are you, are you telling me then that if you had a situation where it was laid out on the table, life, life without parole or death, then you would automatically consider one of those?

[A]: Automatically consider one of—

[Q]: One of those punishments over the others?

[A]: Probably.

[Q]: And—

[A]: Yes.

[Q]: And that would be death?

[A]: Yes.

After counsel clarified the posture under which D.B. might have to make such a decision—only if and after the jury found the defendant guilty of intentional murder—he again asked whether she “would automatically say it should be the death penalty.” D.B. responded that she “would have to look at all three but just off the cuff, it would probably be death,” explaining too that she “would have to try hard” to endorse life without parole.

Source: https://caselaw.findlaw.com/us-10th-circuit/1713181.html

While there is no doubt that Scott Eizember is guilty of a variety of crimes (general details of which are easily found online), death sentences are supposed to be decided by juries with a substantial degree of impartiality. Regarding the death penalty, do you think there is anything impartial about the views held above? D.B. unquestionably felt that the sentence was death before the trial even started. How is this remotely fair?

You might think that Scott Eizember is a monster that deserves to die. You’re entitled to have such an opinion. But here in these United States, we are governed by law and not opinion. The law states that Eizember is entitled to impartiality from a jury of his peers. The interactions with D.B. make it plain that he didn’t receive anything close to such impartiality.

Scott Eizember is scheduled to be executed on January 12, 2023. I guess D.B. will get what D.B. wanted from the very beginning…death. Such partiality speaks to the wider injustice of the death penalty…it’s application most often is based on the prejudiced thoughts/emotions of a few (see D.B.’s responses above).

Politics and Religion

fresh writings

Thoughts

board of pardons and parole

Previous Post

October 19, 2022

Lamentations: On Benjamin Cole (w/ Abe Bonowitz)

Next Post

October 23, 2022 Goodbye Dear Friend & Mentor: The Rev. Dr. Henry Mugabe of Zimbabwe

Browse Our Archives

Select a Category Danny & Jeff fresh writings latest poetics north texas fellowship of reconciliation Sermon theology from death row Thoughts Uncategorized

Select a Month November 2026 October 2026 September 2026 August 2026 July 2026 June 2026 May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 August 2025 June 2025 May 2025 April 2025 March 2025 January 2025 December 2024 November 2024 October 2024 August 2024 July 2024 June 2024 May 2024 April 2024 March 2024 February 2024 January 2024 December 2023 November 2023 October 2023 September 2023 July 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 June 2022 May 2022 April 2022 March 2022 February 2022 January 2022 December 2021 November 2021 October 2021 September 2021 July 2021 June 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 September 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 May 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013

TAKE THE

Religious Wisdom Quiz

Which letter encourages believers to "be quick to listen, slow to speak, and slow to anger"?

Select your answer to see how you score.

2 Peter James Romans 1 John