Keywords: South Carolina, Motion to Declare Unconstitutional, Discriminatory Exclusion, Illiterates, Jury. Detailed Description: A South Carolina Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury is a legal action filed to challenge the practice of excluding illiterates from participating as jurors in court proceedings. Illiteracy refers to the inability to read or write effectively. This motion asserts that the exclusion of illiterates from the jury is discriminatory and violates the defendants' rights to a fair trial, as guaranteed by the United States Constitution. It argues that illiteracy should not be a basis for disqualifying individuals from serving on a jury, as it unfairly targets a specific group of people and may result in biased jury selection. Within the broader category of South Carolina Motions to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury, there may be different types based on the specific circumstances or grounds for challenging the exclusion. Some of these types could include: 1. Historical Exclusion: This type of motion may explore how illiterates have historically been excluded from serving on juries and argue that this exclusion perpetuates an unfair practice that hampers the representation of diverse voices in the jury system. 2. Disparate Impact: This type of motion highlights statistics or empirical evidence demonstrating that the exclusion of illiterates disproportionately affects certain racial or socio-economic groups. It argues that such a disproportionate impact is unconstitutional and violates the principles of equal protection under the law. 3. Juror Competency: In this type of motion, the focus is on challenging the assumption that illiteracy significantly impairs an individual's ability to understand and evaluate evidence. It aims to demonstrate that illiterates can make valuable contributions to the jury deliberation process and that their exclusion is unfounded. 4. Alternatives to Exclusion: This type of motion explores alternative methods for assessing juror competency that do not rely solely on literacy. It may propose additional evaluation criteria, such as oral interviews or interactive exercises, to ensure fair and diverse jury selection without discriminatory exclusion. By filing a South Carolina Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury, the plaintiff seeks to challenge the exclusionary practice and advocate for a more inclusive and representative jury system where all citizens have the opportunity to participate, regardless of their literacy level.
South Carolina Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury
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FAQ
S.C. code §17-22-710 authorizes the Solicitor to operation a Worthless Check Program.
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.
Persons who are not a resident of the county for which they have been summoned. Persons who cannot cannot read, write, speak, or understand the English language. Persons who have less than a sixth grade education or its equivalent. A mental or physical condition prevents them from serving as a juror.
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.