Oklahoma 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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Challenge for cause. n. a request that a prospective juror be dismissed because there is a specific and forceful reason to believe the person cannot be fair, unbiased or capable of serving as a juror.

If the potential juror is over 65 years old. If the potential juror has health issues that would interfere with their role as a juror. If the potential juror is a full-time student. If the potential juror has already served as a juror within the last two years (criminal trials only)

Peremptory challenges allow the accused to reject potential jurors who they perceive to be implicitly or explicitly biased, particularly with respect to the accused's race, and to try to keep jurors who share the same background as the accused through the exclusion of other jurors.

For example, if the potential juror has a family member who was a victim of a similar crime, the defense attorney may use a peremptory challenge to exclude them from the jury.

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.

All the jurors must agree on the decision or verdict ? their decision must be unanimous. If they cannot all agree, the judge may discharge the jury and direct a new jury to be chosen for a new trial. After a trial, jurors are not allowed to tell anyone else about the discussions that took place in the jury room.

FOURTEENTH AMENDMENT - PEREMPTORY CHALLENGES BY DEFENDANTS AND THE EQUAL PROTECTION CLAUSE.

The to challenge a potential juror without disclosing the reason for the challenge. Prosecutors and defense attorneys routinely use peremptory challenges to eliminate from juries individuals who, although they express no obvious bias, are thought to be capable of swaying the jury in an undesirable direction.

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