1. could you ever be on a jury that had to decide on the death penalty?

you would not be permitted to serve on a real jury.

Explanation:

Although there is nothing wrong with your reply that you would never vote for the death penalty, the law requires that a jury in a death penalty case be made up of people who are open to giving a death sentence in at least some cases.

the numbers are even higher.

explanation:

statistics have shown that more that 60% of test takers fail the first time and have to retake the test.