North Carolina 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.

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(2) The State is allowed six challenges for each defendant. (c) Each party is entitled to one peremptory challenge for each alternate juror in addition to any unused challenges.

102. In criminal cases the prosecution is entitled to one and the defendant to two peremptory challenges for each alternate juror called under the provisions of Section 14-7-320 and in civil cases, each party shall have one strike for each alternate juror. 1986 Act No.

In California, for most cases the number of peremptory challenges available to each lawyer is ten so long as there is one defendant. For death penalty or life imprisonment cases where a single defendant is involved, each attorney is permitted 20 peremptory challenges.

(2) The State is allowed six challenges for each defendant. (c) Each party is entitled to one peremptory challenge for each alternate juror in addition to any unused challenges.

The term describing this justification for removal is called a ?challenge for cause? and these challenges comprise the first level of screening in the voir dire process.

Except as provided in subdivision (b), in a trial for any other offense, the defendant is entitled to 10 and the state to 10 peremptory challenges.

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North Carolina Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury