Guam Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
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How to fill out Motion To Preclude The Prosecution From Using Peremptory Challenges To Exclude Black Persons And Members Of Other Groups?
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FAQ
In J.E.B. v. Alabama ex rel. T.B., the U.S. Supreme Court ruled that the Constitution prohibits gender-based peremptory challenges to prospective jurors.
The Court of Appeals affirmed, holding that a private litigant in a civil case can exercise peremptory challenges without accountability for alleged racial classifications. Held: A private litigant in a civil case may not use peremptory challenges to exclude jurors on account of race.
The U.S. Supreme Court established the standard for a prima facie showing of discriminatory use of peremptory challenges in the 1986 landmark case Batson v. Kentucky, in which an all-white jury tried and convicted a black defendant of burglary and receipt of stolen property.
I have been asked to discuss the importance and implications of Batson v. Kentucky,1 a 1986 United States Supreme Court case which held that a prose- cutor's use of peremptory challenges to exclude potential jurors solely because of their race violates the equal protection clause of the fourteenth amendment.
(Powell, J.): In a 7?2 decision, the Court held that, while a defendant is not entitled to have a jury completely or partially composed of people of his own race, the state is not permitted to use its peremptory challenges to automatically exclude potential members of the jury because of their race.
Alabama ex rel. T.B., the U.S. Supreme Court ruled that the Constitution prohibits gender-based peremptory challenges to prospective jurors.
Substantively, parties exercising peremptory challenges are limited by a line of Supreme Court precedent, starting with Batson v. Kentucky, which precludes the use of certain types of discriminatory peremptory challenges. Amendment and the Due Process Clause of the Fourteenth Amendment.
In Batson v. Kentucky, the U.S. Supreme Court held that the prosecution may not use peremptory strikes to exclude a potential juror based on race.
