Witherspoon v. Illinois

Witherspoon v. Illinois
Argued April 24, 1968
Decided June 3, 1968
Full case nameWilliam C. Witherspoon v. The People of the State of Illinois
Citations391 U.S. 510 (more)
88 S. Ct. 1770; 20 L. Ed. 2d 776; 1968 U.S. LEXIS 1469
Holding
Stacking the jury with only jurors who would choose the death penalty violates the Sixth Amendment because it is not an impartial jury or a cross-section of the community.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
John M. Harlan II · William J. Brennan Jr.
Potter Stewart · Byron White
Abe Fortas · Thurgood Marshall
Case opinions
MajorityStewart, joined by Warren, Brennan, Fortas, Marshall
ConcurrenceDouglas
DissentBlack, joined by Harlan, White
DissentWhite
Laws applied
Ill. Rev. Stat., c. 38 s. 743, U.S. Const. amends. VI, XIV

Witherspoon v. Illinois, 391 U.S. 510 (1968), was a U.S. Supreme Court case where the court ruled that a state statute providing the state unlimited challenge for cause of jurors who might have any objection to the death penalty violated the constitutional right to an impartial jury.