New Mexico 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
During voir dire the lawyers may ask the judge to excuse a juror from sitting on the case. This is called "challenging a juror". There are two types of challenges: a challenge for cause and a peremptory challenge.
A peremptory challenge results in the exclusion of a potential juror without the need for any reason or explanation - unless the opposing party presents a prima facie argument that this challenge was used to discriminate on the basis of race, ethnicity, or sex.
However, the U.S. Supreme Court has held that peremptory challenges cannot be used to systematically strike prospective jurors from the panel on the basis of race (Batson v. Kentucky, 1986) or gender (J.E.B. v. Alabama ex rel T.B., 1994).
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.
Excuse from Service Reasons you may be excused from jury service include: You have no means of transportation. You would have to travel an excessive distance to the courthouse. You have a physical or mental impairment.
In the case of a jury trial, both sides of the case are able to challenge the seating of a juror due to cause. Some reasons might include actual biases of the juror, inability of the juror to effectively communicate, or the inability of the juror to understand the facts presented in trial.
When selecting a jury, both parties may remove potential jurors using an unlimited number of challenges for cause (e.g., stated reasons such as bias) and a limited number of peremptory challenges (i.e., do not need to state a reason).
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.
