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

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

Name: Orange California 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:

Orange

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.

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FAQ

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.

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.

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.

Definition of peremptory challenge : a challenge (as of a juror) made as of right without assigning any cause.

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.

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.

(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.

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.

Peremptory Challenge and Juror Bias Potential jurors may inherently be biased against certain acts or people. For instance, a retired police officer may not be able to serve impartially in a trial for a defendant accused of shooting a police officer while trying to escape a drug house.

Peremptory challenge. allows any party to remove a prospective juror from the jury panel without giving a reason. challenge for cause. ability to exclude a prospective trial juror if bias or prejudice is indicated.

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B. Attorneys Remove Jurors with Peremptory Challenges. Out due process of law; nor deny to any person within its juris- diction the equal protection of the laws.(5) Grounds for Rejecting Petition.

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

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

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

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

What are peremptory challenge simple terms?

What did the Supreme Court rule in Georgia v McCollum?

Are Batson challenges successful?

What happened in the Batson v Kentucky case?

What is Batson case step?

What is an example of a peremptory challenge?

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What is Orange Motion and why is it relevant to this case?

What are peremptory challenges in a trial?

Why is there concern about the use of peremptory challenges in this case?

How does Orange Motion play a role in the use of peremptory challenges?

What measures can be taken to preclude the prosecution from using peremptory challenges in a discriminatory manner?

What are the consequences if the prosecution is found to be using peremptory challenges in a discriminatory manner?

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