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Motion to Preclude the Prosecution from Using Peremptory Challenges...

Dallas Texas Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups

Name: Dallas Texas Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
Brand: US Legal Forms
Rating: 4.6 (398 reviews)

Category:

Criminal - Jurors

State:

Multi-State

County:

Dallas

Control #:

US-00813

Format:

Instant download

Description

This form is a motion to preclude the prosecution from excluding blacks and members of other groups from the jury by use of peremptory challenges. Citing federal and state law. Adapt to fit your circumstances.

How to fill out Dallas Texas Motion To Preclude The Prosecution From Using Peremptory Challenges To Exclude Black Persons And Members Of Other Groups?

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FAQ

The use of peremptory challenges is controversial as some feel it has been used to undermine the balanced representation on a jury which would occur using random selection.

(Powell, J.): In a 72 decision, the Court held that, while a defendant is not entitled to have a jury completely or partially composed of people of his own race, the state is not permitted to use its peremptory challenges to automatically exclude potential members of the jury because of their race.

Prohibited Peremptory Challenges Although no reason must be given for exercising a peremptory challenge, an attorney's use of the challenge cannot be motivated by bias.

Batson v. Kentucky, 476 U.S. 79 (1986), was a landmark decision of the United States Supreme Court ruling that a prosecutor's use of a peremptory challenge in a criminal casethe dismissal of jurors without stating a valid cause for doing somay not be used to exclude jurors based solely on their race.

In 1986, the U.S. Supreme Court in Batson v. Kentucky ruled that a prosecutor's exercise of race-based peremptory challenges to jurors violated the Equal Protection Clause of the 14th Amendment. Thirty years later, according to the experts, the law has been a colossal failure.

The peremptory challenge system itself permits the parties to more deeply explore biases of the potential jurors than a system that would permit only challenges for cause. If the trial court judge denies a challenge for cause, a peremptory challenge can be used to excuse a juror that the party believes is biased.

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. See Batson challenge.

Leesville Concrete Co., the United States Supreme Court held that a civil litigant's use of a peremptory challenge to exclude a prospective juror solely on the basis of race was an act of discrimination that violated the equal protection component of the Fifth Amendment's due process clause.

McCollum, 505 U.S. 42 (1992), was a case in which the Supreme Court of the United States held that a criminal defendant cannot make peremptory challenges based solely on race.

Batson requires a three-step inquiry: (1) the defendant must make a prima facie case of discriminatory intent; (2) the state must then offer a race-neutral justification for the challenge; and (3) the trial court must decide whether the defendant has proven purposeful discrimination.

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With overwhelming evidence that prosecutors had used race- based peremptory challenges systematically to exclude. Davenport Judge.A defendant in a criminal case can make an Equal Protection claim based on the discriminatory use of peremptory challenges at a defendant's trial. At trial the prosecution had exercised seven of its peremptory challenges to remove seven of the nine black venirepersons; ing way to Batson hearings.

Dallas Texas Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups

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How to fill out Dallas Texas Motion To Preclude The Prosecution From Using Peremptory Challenges To Exclude Black Persons And Members Of Other Groups?

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FAQ

Why is the use of the peremptory challenge controversial?

What happened in the Batson v Kentucky case?

What is the only reason that lawyers Cannot use a peremptory challenge?

Which case held that the prosecutor could not exclude a racial group from the jury solely because of their membership in the group?

Are Batson challenges successful?

What is the concern of peremptory challenges?

What is a peremptory challenge and what may a peremptory challenge not be based on?

Are peremptory challenges unconstitutional?

What did the Supreme Court rule in Georgia v McCollum?

What is Batson case step?

Interesting Questions

What is the Dallas Motion to Preclude the Prosecution?

What are peremptory challenges?

Why would the defense want to preclude the prosecution from using peremptory challenges?

Who is affected by the Dallas Motion to Preclude the Prosecution?

What is the purpose of a diverse jury?

Can the prosecution still challenge potential jurors without peremptory challenges?

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