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

Suffolk New York Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups

Name: Suffolk New York 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:

Suffolk

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 Suffolk New York Motion To Preclude The Prosecution From Using Peremptory Challenges To Exclude Black Persons And Members Of Other Groups?

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FAQ

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).

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.

(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 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.

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.

Prosecutors found a loophole in the Batson rule, howeverthey can simply come up with false reasons to dismiss a juror as a pretext for racial discrimination. For example, a prosecutor can question a black juror and jot down a nonracial reason that he or she can articulate later if the defense questions the challenge.

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.

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.

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Before trial, it is impossible to know whether peremptory strikes will be exercised in a discriminatory manner. For this reason, defense attorneys should.

It is also highly recommended that defense attorneys contact the judge before requesting a peremptory strike to see whether there is a likelihood of a different gender being struck on the other side. Do Not Make an Assumption That the Jury will Draw Different Juries The trial judge is not limited to assigning the jurors to try a case. The judge will randomly draw the jury.

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Suffolk New York 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 Suffolk New York Motion To Preclude The Prosecution From Using Peremptory Challenges To Exclude Black Persons And Members Of Other Groups?

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FAQ

Can peremptory challenges be based on race?

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

What has the Supreme Court ruled regarding peremptory challenges?

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 the only reason that lawyers Cannot use a peremptory challenge?

How did lawyers find a loophole with the Batson rule?

What happened in the Batson v Kentucky case?

Who won JEB v Alabama?

What reasoning must you have for a peremptory challenge?

Interesting Questions

What is the Suffolk Motion to Preclude the Prosecution from Using Peremptory Challenges?

Why is the motion specifically targeting the prosecution's use of peremptory challenges?

What does 'peremptory challenge' mean?

Why does the motion aim to prevent the exclusion of black persons and members of other groups?

What is the purpose of jury selection in a trial?

How can peremptory challenges be misused?

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