Title: Understanding Oregon's Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury Keywords: Oregon, motion, unconstitutional, discriminatory exclusion, illiterates, jury, legal Introduction: Oregon's Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury is a landmark legal action aimed at addressing the systematic exclusion of illiterate individuals from participating in jury service. This detailed description explores the essence of this motion, its implications, and potential variations that might exist within the state of Oregon. 1. Background on Jury Selection: Jury selection is a critical component of the American legal system, ensuring that trials are fair and impartial. However, certain eligibility requirements have historically excluded illiterate individuals from serving on juries, sparking concerns regarding discrimination based on education levels. 2. Understanding the Motion: The Oregon Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury challenges the practice of excluding illiterates from participating in jury duty. This motion argues that such exclusions violate the constitutional rights of individuals and perpetuate discriminatory practices. 3. Key Arguments Against Exclusion: a) Equal Protection Clause: The motion asserts that excluding illiterates from jury service violates the Equal Protection Clause of the Fourteenth Amendment, which guarantees equal treatment under the law. b) Diversity and Representativeness: The exclusion of illiterates undermines the jury's ability to reflect the diversity of the community and denies the perspectives and experiences of illiterate citizens, which may impact fair decision-making. c) Overcoming Prejudices: By including illiterates, the motion argues that biases against less educated individuals can be challenged, fostering a fairer and more inclusive legal system. 4. Implications and Potential Variations: a) State-Specific Implementations: While this description focuses on Oregon, similar motions might be filed in other states with similar exclusionary policies, customized to reflect each state's laws and constitutional principles. b) Procedural Modifications: Variations in procedural aspects of the motion may exist, such as the methods used to demonstrate the discriminatory impact of excluding illiterates or the proposed remedies for addressing the issue. c) Collaboration with Advocacy Groups: In some instances, the motion may garner support from advocacy groups working to promote equal access to justice, ensuring that illiterates' voices are heard during the jury selection process. Conclusion: Oregon's Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury challenges the exclusionary practices that prevent illiterates from participating in jury service. By recognizing the importance of inclusivity, this motion seeks to enhance the fairness and impartiality of the legal system, ensuring that all citizens are given equal opportunities to contribute to the jury's decision-making process.
Oregon Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury
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In April 2020, the U.S. Supreme Court held in Ramos v. Louisiana that under the U.S. Constitution, a criminal defendant's Sixth Amendment right to a jury trial includes the right to a unanimous jury verdict. Oregon DOJ welcomed the end to Oregon's non-unanimous jury verdict rule.
Any jurors 70 years of age or older will be excused from jury duty at their request. Women who are currently breastfeeding will also be excused upon request. If there are other circumstances in your life that would make serving on jury duty an undue hardship, you may request to be excused from jury duty.
The U.S. Supreme Court acknowledged in Ramos that Oregon voters' adoption of a constitutional amendment in 1934 that permitted conviction by a nonunanimous jury can ?be traced to the rise of the Ku Klux Klan and efforts to dilute the influence of racial and ethnic and religious minorities on Oregon juries.?
You'll need a good reason, for example: you're having an operation. you're sitting an exam. your employer will not give you time off work. you have a holiday booked. you're a new parent.
The Court may excuse you if: Jury service causes you, your family, or your employer undue hardship or extreme inconvenience; or.
The Court must excuse you if: You are 70 years or older, and ask to be excused, the Court must excuse you from jury service. If you want to serve as a juror, you may serve. If you are a woman breast-feeding a child, and ask to be excused, the court must excuse you from jury service.
People employed in administration of justice lay magistrates. Justice of the Peace. the Chairman or President, the Vice-Chairman or Vice-President and the registrar and assistant registrar of any tribunal. barristers at law and solicitors ? including those not currently practising. solicitors' clerks.
If you request to be excused for reasons other than being 70+ years old or are currently breastfeeding, you may be asked to provide additional documentation before a decision can be made to excuse.