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Wisconsin 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.

Wisconsin Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury The Wisconsin Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury aims to challenge a long-standing practice that excludes illiterate individuals from serving as jurors in the state of Wisconsin. This motion seeks to highlight the discriminatory nature of such exclusion, arguing that it violates the principles of equal protection under the law and infringes upon the rights of illiterate individuals to participate in the judicial system. Keywords: Wisconsin, motion, unconstitutional, discriminatory exclusion, illiterates, jury, equal protection, judicial system Types of Wisconsin Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury: 1. Preliminary Motion: A pre-trial motion filed by the defense or prosecution, requesting the court to declare the exclusion of illiterates from the jury as unconstitutional. 2. Motion for Reconsideration: If the initial motion is denied, this subsequent motion can be filed, urging the court to reconsider its decision or provide additional arguments or evidence supporting the unconstitutionality of the exclusion. 3. Motion for Class Action Certification: In cases where multiple individuals have been affected by the discriminatory exclusion, this motion can be filed to certify the case as a class action, allowing for a collective challenge against the exclusion. 4. Motion for Injunctive Relief: This motion seeks immediate court intervention to prevent further exclusion of illiterates from the jury until a final decision on the constitutionality of such exclusion is reached. 5. Motion for Summary Judgment: This motion requests the court to rule in favor of the party filing the motion without a full trial, based on the argument that the exclusion of illiterates from the jury is inherently unconstitutional and requires no further examination. 6. Motion for Appellate Review: If the trial court ruling on the motion is unfavorable, this motion can be filed with an appellate court to review the decision and determine whether the exclusion of illiterates from the jury is indeed unconstitutional. By filing the Wisconsin Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury, proponents aim to bring attention to the need for equal representation in jury selection and to ensure that illiterate individuals are not automatically excluded from participating in the judicial system. Ultimately, this motion seeks to promote fairness, inclusivity, and adherence to constitutional principles within Wisconsin's legal framework.

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756.255 Leave of absence. An employer shall grant an employee a leave of absence without loss of time in service for the period of jury service. For the purpose of determining seniority or pay advancement, the status of the employee shall be considered uninterrupted by the jury service.

Employers do not have to compensate an employee for time spent on jury duty. See Compensation During Leave. Wisconsin law protects an employee's job when the employee serves on a jury.

A jury has the power to nullify, that is, to return a not guilty verdict even though the evidence is sufficient to prove all elements beyond a reasonable doubt.

(1) Trial by jury is a cherished constitutional right. (2) Jury service is a civic duty. (3) No person who is qualified and able to serve as a juror may be excluded from that service in any court of this state on the basis of sex, race, color, sexual orientation as defined in s.

756.255 Leave of absence. An employer shall grant an employee a leave of absence without loss of time in service for the period of jury service. For the purpose of determining seniority or pay advancement, the status of the employee shall be considered uninterrupted by the jury service.

If you can not serve whether it be for medical reasons or some other undue hardship, you will be required to write a letter to the Judge with your reason for requesting a deferment or excusal. If the request is because of medical please submit a medical statement from your provider along with the letter to the Judge.

111.32 (13m), disability, religion, national origin, marital status, family status, lawful source of income, age or ancestry or because of a physical condition. (4) All persons selected for jury service shall be selected at random from the population of the area served by the circuit court.

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Wisconsin law requires that all qualified persons have an equal opportunity to be randomly summoned for jury service. It does not permit a jury selection system ... There is no constitutional right to waive a jury and be tried by a judge. A prosecutor's decision to withhold consent to a defendant's requested waiver of the ...A refusal by either the prosecution or the court to defendant's request for consent to waive denies him no right since he then gets what the Constitution ... by EJ Initiative · 2010 · Cited by 3 — The underrepresentation and exclusion of people of color from juries has seriously undermined the credibility and reliability of the criminal justice system, ... Whether denying undocumented children of illegal immigrants the right to attend public school constitutes discrimination based on alienage that violates the ... The court may appoint one or more persons who are qualified voters in the judicial district, to be known as voting referees, who shall subscribe to the oath of ... by BC Kalt · 2003 · Cited by 247 — This article surveys the current law of felon exclusion and surveys its history. It then surveys and proposes constitutional arguments for and ... Feb 13, 2022 — File a grievance against an attorney? ... The Wisconsin Court System appreciates your cooperation in supporting your employees to serve as jurors. Apr 26, 2019 — To obtain a temporary injunction, a plaintiff must show the court: (1) The plaintiff has a substantial likelihood of eventually prevailing ... The Court has explained that it established this rule because discrimination in jury selection on grounds of race “causes harm to the litigants, the community, ...

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