Highlights
Coronovirus Disease 2019 (COVID-19) has serious implications for older adults.
Qualitative analysis of an online discussion by older adults with frailty.
We analyzed 60 posts using a general inductive analytic method.
Themes included impacts on daily life, perceptions, information, and technology use.
Our study provides insight into ways to support older adults in pandemics.
In criminal cases, the Sixth Amendment to the United States Constitution guarantees to the accused the right of trial byjury.' Historically, the jury has been exalted as the conscience of the community and as a buffer between the state and the accused. 2 At the same time, however, there have been fears ofjuror incompetence and partiality. Juries that cannot or will not apply the law pose a danger to the liberties of a defendant. This concern is particularly relevant in capital cases where the severity and finality of the "ultimate" punishment require an accurate application of the law. This comment discusses the sentencing jury's comprehension and application of the law in capital cases. Beginning with Section Two, this comment explores the jury's role as finder of fact, while warning against the danger of giving juries discretionary power which could lead to jury nullification. Section Three provides an overview of the sentencer's role in death penalty cases, focusing specifically on the Supreme Court's efforts to resolve the tension between avoiding the arbitrary infliction of the death penalty and handing down a sentence suited to the individual defendant. Section Four analyzes the effectiveness of pattern jury instructions, including evidence of juror incomprehension of such instructions. Finally, in Section Five, this comment concludes that defendants in death penalty cases must have the right to appellate review of juror comprehension of instructions. Without this right, defendants are not fully protected against the arbitrary and capricious infliction of the death penalty. I The Sixth Amendment to the United States Constitution reads in part: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury..." U.S. CONST. amend. VI; see also article III, § 2, ci. 3: "The trial of all Crimes, except in Cases of Impeachment, shall be by Jury.. ." U.S. CONST. art. III, § 2, cl. 3. 2 JOHN GUINTHER, THE JURY IN AMERICA 277 (1988) (citations omitted).
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