InWitherspoon v. Illinois 391 U.S. 510 (1968)the U.S. Supreme Court held that jurors cannot be removed merelybecause of general scruples against capital punishment adding thata juror may be excluded for cause if it is unmistakably clearthat he or she would automatically vote against the death penaltyif sought by the prosecutor or if the juror could not be impartialin the determination of the defendants guilt. This holding wasaffirmed inLockhart v. McCree 476 U.S. 162(1986).