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

Wake North Carolina Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups

Name: Wake North Carolina 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:

Wake

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 Wake North Carolina 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).

(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.

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.

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.

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.

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3 (right to jury trial in district court), § 22.8. Of race in the peremptory challenge of a black juror.Except as provided in subdivision (b), in a trial for any other offense, the defendant is entitled to 10 and the state to 10 peremptory challenges. 12 Prosecutors, in particular, used challenges as a way to prevent Black jurors from serving. The Supreme Court found roots for Batson in a number of its prior decisions. (West 2016)), asking the trial court to grant immunity to Lastacia Wright for her testimony as a witness against defendant.

Wake North Carolina 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 Wake North Carolina 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 has the Supreme Court ruled regarding peremptory challenges?

Which Supreme Court ruling banned prosecutors from using race as the sole reason for a peremptory challenge?

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?

What reasoning must you have for a peremptory challenge?

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

What is the process of peremptory challenges?

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