Maryland Motion for Additional Peremptory Challenges

• Category: Criminal - Jurors
• State: Multi-State
• Control #: US-00815
• Format: Word; Rich Text

Description

This form is a sample motion for the allowance of additional peremptory challenges. State and federal case law, as well as treatises are cited in support of the motion. Adapt to fit your circumstances. In the Maryland legal system, a Motion for Additional Peremptory Challenges is a procedural tool used by attorneys during the jury selection process in criminal trials. It allows the requesting party to request additional opportunities to strike potential jurors without stating a reason or providing justification. Peremptory challenges are used to eliminate potential jurors who may hold biases or prejudices that could negatively impact the fairness of the trial. The Maryland Circuit Court Rule 4-313 governs the use of peremptory challenges and provides guidelines for when and how this motion can be filed. According to this rule, each party in a criminal trial is initially granted a specific number of peremptory challenges, typically determined by the seriousness of the offense. However, if a party believes that their allocated number of challenges is insufficient, they can file a Motion for Additional Peremptory Challenges. Keywords: Maryland, Motion for Additional Peremptory Challenges, legal system, procedural tool, jury selection process, criminal trials, attorneys, potential jurors, biases, prejudices, fairness, Maryland Circuit Court Rule 4-313, peremptory challenges, serious offense. In Maryland, there are two main types of motions for additional peremptory challenges: 1. Motion for Additional Peremptory Challenges based on Complexity: This type of motion is often filed in complex criminal cases where the involvement of multiple defendants or the intricate nature of the evidence presented may necessitate a greater number of peremptory challenges. Attorneys may argue that due to the complexity of the case, having additional challenges is crucial to ensure a fair and impartial trial. 2. Motion for Additional Peremptory Challenges based on Prejudice: This motion is typically filed when one party believes there is a significant risk of potential jurors harboring biases or prejudices that could negatively impact the outcome of the trial. Attorneys may cite specific factors such as media coverage, community tensions, or the nature of the charges to support their need for additional challenges. The objective is to prevent potential jurors who may have preconceived notions from influencing the jury's decision. Keywords: complex criminal cases, multiple defendants, evidence, fair trial, impartial trial, risk of bias, prejudice, media coverage, community tensions, nature of charges.

In the Maryland legal system, a Motion for Additional Peremptory Challenges is a procedural tool used by attorneys during the jury selection process in criminal trials. It allows the requesting party to request additional opportunities to strike potential jurors without stating a reason or providing justification. Peremptory challenges are used to eliminate potential jurors who may hold biases or prejudices that could negatively impact the fairness of the trial. The Maryland Circuit Court Rule 4-313 governs the use of peremptory challenges and provides guidelines for when and how this motion can be filed. According to this rule, each party in a criminal trial is initially granted a specific number of peremptory challenges, typically determined by the seriousness of the offense. However, if a party believes that their allocated number of challenges is insufficient, they can file a Motion for Additional Peremptory Challenges. Keywords: Maryland, Motion for Additional Peremptory Challenges, legal system, procedural tool, jury selection process, criminal trials, attorneys, potential jurors, biases, prejudices, fairness, Maryland Circuit Court Rule 4-313, peremptory challenges, serious offense. In Maryland, there are two main types of motions for additional peremptory challenges: 1. Motion for Additional Peremptory Challenges based on Complexity: This type of motion is often filed in complex criminal cases where the involvement of multiple defendants or the intricate nature of the evidence presented may necessitate a greater number of peremptory challenges. Attorneys may argue that due to the complexity of the case, having additional challenges is crucial to ensure a fair and impartial trial. 2. Motion for Additional Peremptory Challenges based on Prejudice: This motion is typically filed when one party believes there is a significant risk of potential jurors harboring biases or prejudices that could negatively impact the outcome of the trial. Attorneys may cite specific factors such as media coverage, community tensions, or the nature of the charges to support their need for additional challenges. The objective is to prevent potential jurors who may have preconceived notions from influencing the jury's decision. Keywords: complex criminal cases, multiple defendants, evidence, fair trial, impartial trial, risk of bias, prejudice, media coverage, community tensions, nature of charges.