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South Dakota 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.

A South Dakota Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury is a legal maneuver aimed at challenging the practice of excluding illiterate individuals from jury duty on the grounds of being discriminatory. Illiteracy refers to the inability to read or write, which should not automatically disqualify someone from serving on a jury. South Dakota, like many other states, recognizes the importance of having a fair and impartial jury system. However, excluding illiterates from jury service is a practice that has been called into question due to its potential bias and violation of constitutional principles. The Constitution of the United States guarantees every citizen the right to a fair trial and an impartial jury that represents a cross-section of the community. Excluding illiterate individuals from jury duty can potentially deny them their constitutional rights, leading to an unbalanced and skewed representation in the justice system. This motion argues that the practice of excluding illiterates from the jury pool is discriminatory because it discriminates against a specific group of individuals based on their educational background. Illiterates, like any other qualified citizen, should have an equal opportunity to participate in the justice system. By filing this motion, individuals or legal representatives seek to challenge the constitutionality of the exclusion of illiterates from the jury pool. They aim to demonstrate that this exclusion violates fundamental principles of equal protection and due process. It is important to note that while this description focuses on South Dakota, other states may also have similar motions or legal challenges regarding the exclusion of illiterates from jury duty. Some potential names for these motions in other states could include: 1. The California Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury 2. The New York Motion to Challenge the Exclusion of Illiterates from the Jury Pool 3. The Texas Motion to Overturn the Discriminatory Exemption of Illiterates from Jury Duty These names would be specific to each state, highlighting the geographical jurisdiction of the motion while emphasizing its objective to challenge the discriminatory exclusion of illiterates from participating in the jury system.

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Reasons for Being Excused from Jury Service Medical reasons. Public necessity. Undue hardship. Dependent care. Student Status. Military conflict. Other reason deemed sufficient by the court.

If any person summoned to appear as a grand juror or petit juror fails, refuses, or neglects to appear, or willfully fails to complete and return the jury questionnaire, or if having appeared, fails, without good case, to attend as required by the court, such person is guilty of contempt of the court and may be fined ...

Any person who has been convicted of a felony unless restored to civil rights is not eligible to serve as a juror. No potential juror may be excluded from jury duty because of a visual or hearing impairment.

In other to qualify for the position of a Jury in US courts you must primarily be a United states of America citizen and also be of Legal age i.e 18 years then other qualifications that you must have as a Jury includes : having a good mental health, been proficient in English and Never been convicted of a felony this ...

In the State of South Dakota, jurors are selected randomly from a list which combines names from the list of registered voters and the list of South Dakota licensed drivers over the age of eighteen (18) who are residents of the county.

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15-6-38(a). Right to jury trial preserved. The right of trial by jury as declared by S.D. Const., Art. VI, § 6 or as given by a statute of South Dakota ... by BC Kalt · 2003 · Cited by 247 — excluding felons from juries does not create a liberty interest in a ... fundamental right of voting, but did so by relying on a constitutional.Discrimination prohibited. No citizen shall be excluded from service as a grand or petit juror in the courts of this state on account of race, color, religion ... courts in North Carolina and which had been offered to this Court on petition for certiorari, to-wit, the jury commissioners had, "pursuant to a long and ... ... create a Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury? US Legal Forms eliminates the wasted time numerous ... Jun 21, 2018 — Respondents sought summary judgment, arguing that the Act is un- constitutional. The trial court granted their motion. The State Su- preme Court ... by C Petersen · 1993 · Cited by 12 — The prevalence of white juries in criminal trials is characteristic of the Canadian criminal justice system. While criminal defendants have attempted, ... which the jury panel restrictions in the 1927 Act were declared unconstitutional. ... government officials enjoyed a complete exemption from jury service. These. ... in South Dakota for a gunnery range. Eventually the people whose land had ... discrimination in the South. Fifth Circuit Court rulings served as judicial ... ... S Ct Rev 97, 123-56; Barbara D. Under- wood, Ending Race Discrimination in Jury Selection: Whose Right Is It, Anyway?, 92. Colum L Rev 725, 760-74 (1992). In ...

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South Dakota Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury