Why is it important not to exclude different races from jury service?

Selection procedures that purposefully exclude black persons from juries undermine public confidence in the fairness of our system of justice." A defendant in a criminal case can make an Equal Protection claim based on the discriminatory use of peremptory challenges at a defendant's trial.

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Mississippi Motion to Declare Unconstitutional the Discriminatory...

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

Name: Mississippi Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury
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Mississippi Criminal - Capital Cases

State:

Mississippi

Control #:

MS-61736

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Description Unconstitutional Sample

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. MS-61736

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Selection procedures that purposefully exclude black persons from juries undermine public confidence in the fairness of our system of justice." A defendant in a criminal case can make an Equal Protection claim based on the discriminatory use of peremptory challenges at a defendant's trial.

An objection to the validity of a peremptory challenge, on grounds that the other party used it to exclude a potential juror based on race, ethnicity, or sex. The result of a Batson challenge may be a new trial. The name comes from Batson v.

Kentucky, 476 U.S. 79 (1986), was a landmark decision of the US Supreme Court ruling that a prosecutor's use of a peremptory challenge in a criminal casethe dismissal of jurors without stating a valid cause for doing somay not be used to exclude jurors based solely on their race.

Since the landmark case Batson v.Yet in an ironic extension of Batson,3 reverse-Batson challenges put defendants at risk when a trial judge erroneously believes the defense counsel's use of peremptory challenges is racially motivated.

Decision. The U.S. Supreme Court unanimously rejected Williams' contention in a 9-0 vote, ruling that he had not shown that the administration of the Mississippi suffrage provision was discriminatory.

Batson, a black man, was on trial charged with second-degree burglary and receipt of stolen goods. During the jury selection, the prosecutor used his peremptory challenges to strike the four black persons on the venire, resulting in a jury composed of all whites. Batson was convicted on both of the charges against him.

If a juror has provided little or no case-specific information, a Batson challenge may very well prove successful.

A Batson challenge is a challenge made by one party in a case to the other party's use of peremptory challenges to eliminate potential jurors from the jury on the basis of sex, race, ethnicity, or religion. A trial usually begins with jury selection.

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

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FAQ

Why is it important not to exclude different races from jury service?

What is the Batson challenge?

What is the Batson rule?

What is a reverse Batson challenge?

What was the result of the Williams v Mississippi decision in 1898?

Who was James Batson and how did he get into trouble?

Are Batson challenges successful?

What is the Batson test?

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