State v. Biegenwald3/5/1987
had the capacity for doing so).
The decision whether to excuse a prospective juror for cause lies within the discretion of the trial court because that determination is heavily dependent on a subjective evaluation of the juror's credibility. See State v. Singletary, 80 N.J. 55 (1979). Nevertheless, this Court can decide on appeal that particular circumstances present such a strong likelihood of prejudice that, as a matter of law, prospective jurors should have been excused. See State v. Van Duyne, supra, 43 N.J. at 386 (appellate court required to independently determine whether publicity so pervasive and prejudicial, or juror's protestation of impartiality so doubtful, that new trial is required); State v. Deatore, 70 N.J. 100, 105-06 (1976) (where juror had close relationship with victim, juror should have been excused); State v. Jackson, supra, 43 N.J. 148 (juror who was friend of key state witness should have been excused); Wright v. Bernstein, supra, 23 N.J. 284 (mistrial should have been declared in accident case in which juror's mother was plaintiff in unrelated personal injury case heard in court that day); Panko v. Flintkote Co., 7 N.J. 55 (1951) (new trial required where juror learned amount of defendant's liability insurance during trial). A prospective juror's professions of impartiality, good faith, and fair actions are not necessarily controlling. See Irvin v. Dowd, 366 U.S. 717, 723, 81 S. Ct. 1639, 1642, 6 L. Ed. 2d 751, 756 (1961) (jurors who thought defendant was guilty before trial should be excused for cause even though they said they would deliberate impartially).
It cannot be overemphasized that the substantive and procedural protections necessary to assure the vindication of a defendant's constitutional rights -- under the State Constitution, particularly as enhanced by considerations of fundamental fairness -- must be maximized in a prosecution for capital murder. See State v. Ramseur, supra, 106 N.J. at 369-382 (dissenting opinion). With respect to the cluster of rights surrounding the need for jury fairness, capital cases require a higher standard than that applied in ordinary cases or by the trial court here. See State v. Williams, supra, 93 N.J. at 61 (requirement of fairness and jury impartiality is heightened in cases in which the defendant faces death) (citing Beck v. Alabama, 447 U.S. 625, 637-38, 100 S. Ct. 2382, 2389-90, 65 L. Ed. 2d 392, 403 (1980)); State v. Jackson, supra, 43 N.J. at 156; State v. Mount, supra, 30 N.J. at 213; State v. Wynn, 21 N.J. 264, 271 (1956). With respect to whether, in capital cases involving prejudicial publicity, jurors should reasonably be excused for cause, the Court in Williams, supra, 93 N.J. at 68-68 stated:
The [trial] court could consider whether there should be a greater willingness to resolve doubts in favor of the defendant in excusing jurors for cause. Particularly in capital cases, the trial judge should exercise extraordinary care in the voir dire of potential jurors and could excuse for cause any juror who
has been exposed to sensational prejudicial publicity, especially where such exposure is repeated and involves patently inadmissible evidence. (Footnote omitted.)
We added in Williams, supra, 93 N.J. at 61, that jurors who have formed an opinion as to guilt or innocence must be excused, and that "only if it is demonstrated that 'the juror
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