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

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

Name: San Bernardino 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:

San Bernardino

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 San Bernardino California Motion To Preclude The Prosecution From Using Peremptory Challenges To Exclude Black Persons And Members Of Other Groups?

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FAQ

The result of a Batson challenge may be a new trial.

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).

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.

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.

(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.

What is the importance of the 1986 Batson v. Kentucky ruling? Gave hope to black defendants Batson v. Kentucky, 476 U.S. 79 (1986), was a case in which the United States Supreme Court ruled that a prosecutor's dismissal of jurors without a valid causemay not be used to exclude jurors based solely on 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.

In a 63 decision, the Court ruled that the Equal Protection Clause prohibits striking potential jurors not only because of their race or ethnicity, but also because of their gender.

This was the case for James Batson, a Black man charged for burglary in 1985, in a Kentucky Circuit Court. During his trial, the prosecution used their peremptory challenges to remove all four of the Black jurors from the case.

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

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FAQ

What may occur if the Batson challenge is successful?

Can peremptory challenges be based on race?

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 Batson case step?

What was the ruling of Batson v Kentucky?

What is the importance of the 1986 Batson v Kentucky ruling?

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

What happened in the Batson v Kentucky case?

Who won JEB v Alabama?

What was James Batson charged with?

Interesting Questions

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

What are peremptory challenges?

Why would the prosecution want to exclude Black persons and members of other groups?

Are peremptory challenges allowed under the law?

Why is it important to address the exclusion of Black persons and members of other groups in jury selection?

Who can file a motion to preclude the prosecution from using discriminatory peremptory challenges?

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