Of course, the questioning process can make jury selection last seemingly forever. But some attorneys, like Mr. Huff, believe the process is the most important part of a death penalty trial. An attorney can either win or lose the case at this stage. The facts, the testimony, the evidence may show that a person is innocent. Capital cases are particularly complex because they are the only cases in which a jury can impose a sentence after deciding guilt.
Jurors first decide a defendant's guilt or innocence.
If they find the defendant guilty of first-degree murder, then they decide whether the defendant lives or dies. Because jurors play such a vital role, and because a person's life is in the balance, attorneys are reluctant to rush the jury selection process. Circuit Judge Marc Westbrook, who will preside over the Hill trial, said there is no way to tell how long the process will last. Attorneys involved in a recent capital murder case in Dillon County expected to take as much as three weeks. They needed only four days.