Allegheny Pennsylvania Motion for Additional Peremptory Challenges is a legal procedure utilized in Allegheny County, Pennsylvania, wherein either party involved in a legal case requests the court for permission to exercise additional peremptory challenges during the jury selection process. Peremptory challenges allow attorneys to dismiss potential jurors without providing any specific reason, ensuring the composition of a fair and impartial jury. This motion seeks to expand the number of peremptory challenges available to the requesting party, consequently enabling them to have more control over the selection process. Peremptory challenges are crucial in jury selection as they give each party an opportunity to exclude potential jurors who they believe may be biased, prejudiced, or have certain traits that could influence their judgment. These challenges are distinct from challenges for cause, where attorneys must provide a valid reason (such as a potential juror's relationship with a party or a conflict of interest) for their dismissal. In Allegheny County, Pennsylvania, there are various types of motions for additional peremptory challenges, including but not limited to: 1. Motion for Additional Peremptory Challenges based on Complex Case: Parties involved in complex cases, such as those involving intricate legal or technical issues, may file this motion to request additional challenges. These extra challenges help ensure that the jurors chosen to possess the necessary understanding and comprehension skills to handle complex evidence and arguments effectively. 2. Motion for Additional Peremptory Challenges due to Prejudicial Publicity: When a high-profile case receives significant media attention, it can be challenging to find jurors who are unbiased and uninfluenced by the widespread coverage. Parties may file this motion to secure more peremptory challenges, ensuring they have a fair chance at selecting jurors who have not formed any preconceived notions. 3. Motion for Additional Peremptory Challenges in Cases with Multiple Defendants: In cases involving multiple defendants, individual defense attorneys may request additional peremptory challenges to protect their clients' interests. This motion recognizes that each defendant has unique concerns, and granting more challenges helps ensure that their respective juries are impartial and unbiased. It is essential to note that the granting of additional peremptory challenges is subject to the court's discretion. The judge considers the merits of the motion, the nature of the case, and the potential impact on jury selection before making a ruling. This process maintains the balance between the parties' rights and the court's responsibility to administer fair and just trials in Allegheny County, Pennsylvania.
Allegheny Pennsylvania Motion for Additional Peremptory Challenges
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The judge will also schedule your preliminary hearing, which will take place between 3 and 10 days after the preliminary arraignment. At the preliminary hearing, the judge will consider whether the prosecutor has enough evidence to connect you with the crime in question.
If you plead not guilty, the judge will inform you of your right to file various pretrial motions, such as asking for the exclusion of evidence or the production of documents. The deadline to file such motions is 30 days after the formal arraignment.
Code § 634. Rule 634 - Number of Peremptory Challenges (A) Trials Involving Only One Defendant: (1) In trials involving misdemeanors only and when there is only one defendant, the Commonwealth and the defendant shall each be entitled to 5 peremptory challenges.
These challenges, however, have become more difficult to exercise because the U.S. Supreme Court has forbidden peremptory strikes based on race or gender. Parties do not have a federal constitutional right to exercise peremptory challenges. Peremptory challenges are granted by statute or by case law.
What happens at a Formal Arraignment in Pennsylvania? A formal arraignment is a brief meeting with courthouse clerks where you will receive the criminal information on your case. The criminal information, which is also called the indictment, tells you the exact charges lodged against you by the Commonwealth.
If the offense charged is punishable by imprisonment for more than one year, each defendant is entitled to eight peremptory challenges and the state is entitled to eight peremptory challenges for each defendant.
West's Annotated Code of MarylandMaryland Rules (1) Generally. Except as otherwise provided by this section, each party is permitted four peremptory challenges.
(1) Capital Case. Each side has 20 peremptory challenges when the government seeks the death penalty.
Following the selection of the jury of twelve regular jurors, the additional jurors shall be selected and impaneled as alternate jurors.
The government has 6 peremptory challenges and the defendant or defendants jointly have 10 peremptory challenges when the defendant is charged with a crime punishable by imprisonment of more than one year.