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

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

Name: Philadelphia Pennsylvania 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:

Philadelphia

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

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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.

(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.

However, the U.S. Supreme Court has held that peremptory challenges cannot be used to systematically strike prospective jurors from the panel on the basis of race (Batson v. Kentucky, 1986) or gender (J.E.B. v. Alabama ex rel T.B., 1994).

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.

The Batson test requires the defendant to show that he is a member of a cognizable racial group, and that the prosecutor has exercised peremptory challenges to remove members of that group.

Can the opposing side object to a peremptory challenge? No. No one can object.

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.

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With overwhelming evidence that prosecutors had used race- based peremptory challenges systematically to exclude. Peremptory challenges permit a party in a criminal or civil trial to remove potential jurors during jury selection.31 In the same year, Philadelphia. Making in The Role of "For-Cause" and Peremptory Challenges section of this report. B. Attorneys Remove Jurors with Peremptory Challenges.

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

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What is the name of the case regarding the use of peremptory challenges?

What has the Supreme Court ruled regarding peremptory challenges?

Can peremptory challenges be based on race?

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

What procedure is the trial judge supposed to use to determine if the prosecutor's peremptory challenge was based on race?

Can the opposing side object to a peremptory challenge?

What is the process of peremptory challenges?

Interesting Questions

What is the Philadelphia Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups?

Why is it important to prevent prosecutors from excluding specific groups through peremptory challenges?

Who benefits from the Philadelphia Motion?

What does a peremptory challenge mean?

What is the purpose of peremptory challenges?

Why would prosecutors want to exclude black persons and members of specific groups through peremptory challenges?

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