InWitherspoon v. Illinois391 U.S. 510 (1968) the U.S. Supreme Court held that jurors cannotbe removed merely because of general scruples against capitalpunishment adding that a juror may be excluded for cause if itis unmistakably clear that he or she would automatically voteagainst the death penalty if sought by the prosecutor or if thejuror could not be impartial in the determination of thedefendants guilt. This holding was affirmedinLockhart v. McCree 476 U.S. 162(1986).