Campbell v. State

DeBRULER, Justice,

dissenting.

Judicial discretion is conferred upon the trial judge in deciding upon challenges for cause because the judge has the opportunity to study the general appearance and demeanor of prospective jurors as they respond to voir dire questioning. Woolston v. State (1983), Ind., 453 N.E.2d 965; Butler v. State (1884), 97 Ind. 378, Stout v. State (1883), 90 Ind. 1. The trial judge here had a good opportunity to study Juror No. 25, as he revealed his strong prejudice against those who commit violent crimes in his city. Such revulsion against criminal acts, which is shared by most persons, cannot be per se disqualifying. Elliott v. State (1880), 73 Ind. 10. In support of the trial judge’s ruling, it is to be noted that *845the juror’s prejudice related to the proper punishment for those already convicted and not to the trial process of determining guilt, although undoubtedly the possibility existed that the one might infect the other. It should further be noted that the man expressed his willingness to determine appellant’s guilt based upon the evidence presented, an impartial position. The judge heard these responses and was in a good position, gained through years of experience in dealing with juror behavior, to evaluate them. I am unable to infer any abuse in this case.