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Arizona Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury

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This form is a sample motion requesting that the exclusion of illiterate persons from the jury is discriminatory and unconstitutional. Cites federal and state caselaw. Adapt to fit your circumstances.

Keywords: Arizona, motion, declare unconstitutional, discriminatory exclusion, illiterates, jury. Title: Arizona Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury: A Detailed Description Introduction: The Arizona Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury addresses a critical issue within the state's judicial system. This motion challenges the exclusion of illiterate individuals from serving on juries, asserting that it violates the principles of fairness, equal representation, and the right to a trial by an impartial jury. This article provides a comprehensive overview of the motion and its significance. 1. Overview of the Motion: The Arizona Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury seeks to bring an end to a long-standing practice within the state's legal system. Currently, illiterate individuals are systematically excluded from jury duty, denying them the opportunity to actively participate in the administration of justice. This motion argues that such exclusion is discriminatory and in violation of the Constitution. 2. Arguments against the Discriminatory Exclusion: The motion presents a compelling case against the discriminatory exclusion of illiterates from the jury. First and foremost, it highlights that literacy should not be used as a criterion to determine an individual's eligibility for jury service, as it has no direct correlation with one's ability to understand evidence or deliberate on legal matters. Excluding illiterates perpetuates inequality and denies them the chance to contribute their unique perspectives to the jury's deliberations. 3. Constitutional Grounds for the Motion: The Arizona Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury asserts that the practice violates several fundamental principles enshrined in the Constitution. It argues that it infringes upon the rights of illiterate individuals under the Equal Protection Clause of the Fourteenth Amendment, as well as their Sixth Amendment right to a jury trial. By excluding illiterates, it undermines the principle of a fair and impartial trial. 4. Implications and Significance: If successful, this motion would have far-reaching implications for the Arizona judicial system. It would promote a more inclusive and diverse jury pool, ensuring that the voices of illiterate individuals are heard and considered during trial proceedings. Furthermore, it would set a precedent, potentially influencing other jurisdictions to review their exclusionary practices and strive for a more equitable justice system. Types of Arizona Motions related to the Discriminatory Exclusion: Although the focus is on the Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury, there may be other related motions addressing different aspects of exclusionary practices. Some potential variations of these motions could include challenging the exclusion based on race, gender, or socioeconomic status, highlighting the need for broader jury representation. Conclusion: The Arizona Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury serves as a crucial step toward achieving a fair and inclusive justice system in the state. By addressing the issue of discriminatory exclusion, the motion challenges the prevailing norms and fosters a more just society where everyone, regardless of their literacy level, can actively participate in the administration of justice.

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FAQ

A juror who is summoned and who willfully and without reasonable excuse fails to appear for jury service may be found by the court to be in contempt and subject to penalties provided by law.

Arizona law disqualifies non-citizens, non-residents, convicted felons whose civil rights have not been restored, and people under 18 years of age from jury service. 6. Is jury service mandatory? Yes, the United States Constitution and the Arizona State Constitution guarantee the right to trial by jury.

The selection process is overseen by the presiding judge of the county, who chooses prospective jurors from a pool of eligible citizens. The qualifications for serving on a grand jury in Arizona are the same as those for serving on a regular jury: a citizen must be a resident of the county, at least 18 years old, etc.

Jurors who have been selected will receive $12.00 per day plus mileage. Mileage is calculated from the middle of your home zip code to the courthouse. The rate, which is currently 62.5 cents per mile, is set by the legislature of the State of Arizona.

All U.S. citizens are qualified for jury service if they are at least 18 years old, are residents of the jurisdiction in which they have been summoned to serve, have had their civil rights restored if previously convicted of a felony, and have not been determined by a court to be mentally incompetent or insane.

A request to be excused must be made in writing to the court that issued the summons and must be supported by appropriate documentation. Requests for excuse should be directed to the Jury Commissioner's Office.

More info

This form is a sample motion requesting that the exclusion of illiterate persons from the jury is discriminatory and unconstitutional. Every initiative or referendum petition shall be addressed to the secretary of state in the case of petitions for or on state measures, and to the clerk of the ...A refusal by either the prosecution or the court to defendant's request for consent to waive denies him no right since he then gets what the Constitution ... Whether denying undocumented children of illegal immigrants the right to attend public school constitutes discrimination based on alienage that violates the ... by BC Kalt · 2003 · Cited by 247 — This article surveys the current law of felon exclusion and surveys its history. It then surveys and proposes constitutional arguments for and ... Sep 30, 2022 — What to write if I want to be excused from Jury Service. There is no single excuse that guarantees exemption from jury service, except for those ... No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be. Jan 11, 2021 — Current case law (regarding striking prospective jurors for cause) allows jurors to remain on a jury who clearly favor one side of the case. For ... A majority of the committee agree that the rule should be limited to the exclusion of prospective jurors “based on race or ethnicity”; eliminate step one of the ... rance, feeble mindedness, illiteracy, or the like, it is the duty of the ... 2348 (1992) (no right to carry out through counsel the racially discriminatory ...

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Arizona Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury