In the United States, a criminal defendant can be sentenced to death only upon a finding by the jury. Thus, jurors make one of the most vital decisions in all capital cases. The Eighth Amendment to the United States Constitution requires that each juror engage in a truly deliberative process when considering punishment in a capital case. Yet jurors use a variety of linguistic mechanisms to make the sentencing deliberation easier on themselves. These mechanisms allow jurors to diffuse their sense of individual responsibility within the sentencing process, which is in direct conflict with the Eighth Amendment. Although mitigation of responsibility is nearly inevitable within this context, it is often exacerbated by language used throughout the criminal trial. This Note uses the capital sentencing statute, jury instructions, and case law in North Carolina to critically examine the linguistic mechanisms employed by jurors throughout the capital sentencing process.
