South Carolina Motion for Opportunity to Rehabilitate Any Prospective Juror Who Expresses Reticence When Asked to Kill a Fellow Human Being
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How to fill out Motion For Opportunity To Rehabilitate Any Prospective Juror Who Expresses Reticence When Asked To Kill A Fellow Human Being?
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FAQ
Never have been convicted of a felony (unless civil rights have been legally restored or never were lost in the jurisdiction of conviction).
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 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.
Voir Dire and Peremptory Strikes in Jury Selection.
Each side shall be entitled to eight peremptory challenges. If there are several parties on a side, the court shall divide the challenges among them as nearly equally as possible.
The panel does not include potential jurors who did not receive or did not respond to the jury summons. Peremptory Challenge: N.J.S.A. 2B:23-13 allocates set numbers of challenges, or strikes, that can be used by attorneys to remove a juror for any reason, other than a discriminatory reason, without explanation.
If an attorney wants to have a juror excused, they must use a challenge to excuse the juror. Challenges are either ?for cause? or Page 3 ?peremptory.? Challenges for cause are based on specific biases jurors may have that could prevent or appear to prevent them from being impartial in a particular case.
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.
If the offense charged is punishable by death, each side is entitled to 20 peremptory challenges. If the offense charged is punishable by imprisonment for more than one year, the government is entitled to 6 peremptory challenges and the defendant or defendants jointly to 10 peremptory challenges.
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.