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2006 LAWS OF MARYLAND
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Ch. 372
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(III) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, BY A TRIAL
JUDGE WHO FINDS THAT:
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A. THE INDIVIDUAL MAY BE UNABLE TO RENDER IMPARTIAL
B. THE INDIVIDUAL'S SERVICE LIKELY WOULD DISRUPT THE
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JURY SERVICE;
PROCEEDING; OR
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C. THE INDIVIDUAL'S SERVICE MAY THREATEN THE
SECRECY OF A PROCEEDING OR OTHERWISE AFFECT THE INTEGRITY OF THE JURY
DELIBERATIONS ADVERSELY.
(3) A TRIAL JUDGE MAY NOT STRIKE AN INDIVIDUAL UNDER
PARAGRAPH (2)(III)C OF THIS SUBSECTION, UNLESS THE JUDGE STATES ON THE
RECORD:
(I) EACH REASON FOR THE STRIKE; AND
(II) A FINDING THAT THE STRIKE IS WARRANTED AND NOT
INCONSISTENT WITH §§ 8-102(A) AND (B) AND 8-104 OF THIS TITLE.
(4) AN INDIVIDUAL STRUCK UNDER THIS SUBSECTION MAY SERVE ON
ANOTHER JURY FOR WHICH THE BASIS FOR THE STRIKE IS IRRELEVANT.
(C) CAPITAL CASE.
(1) A TRIAL JUDGE MAY STRIKE AN INDIVIDUAL ON THE BASIS OF THE
INDIVIDUAL'S BELIEF FOR OR AGAINST CAPITAL PUNISHMENT ONLY IF THE JUDGE
FINDS THAT THE BELIEF WOULD PREVENT OR SUBSTANTIALLY IMPAIR THE
INDIVIDUAL FROM RETURNING AN IMPARTIAL VERDICT ACCORDING TO LAW.
(2) AN INDIVIDUAL STRUCK UNDER THIS SUBSECTION MAY SERVE ON
ANOTHER JURY FOR WHICH THE BASIS FOR THE STRIKE IS IRRELEVANT.
COMMITTEE NOTE: Subsection (a) of this section is new language derived
from former CJ § 8-207(b)(7) and revised to allow disqualification, rather
than make it automatic, and only "while" the entitlement lasts.
Subsection (b) of this section is new language derived from former CJ §
8-210(b) and (e), as the latter related to excusals under former CJ §
8-210(b).
Subsection (c) of this section is new language derived from former CJ §
8-210(c) and (e), as the latter related to excusal under former CJ §
8-201(c), and revised to cover belief in, as well as against, capital
punishment. See Witherspoon v. Illinois, 391 U.S. 510 (1968), and
Wainwright v. Witt. 469 U.S. 412 (1985). Accordingly, the former reference
to "a juror of the State" is deleted.
In subsections (a) through (c) of this section, the word "individual" is
substituted for the former word "person" to emphasize that only a natural
being qualifies for jury service, as to "person", see Art. 1, § 15 of the Code.
- 1986 -
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