What does it mean if a juror was excused because of a peremptory challenge?

B. peremptory - Each side in a case has a certain number of challenges that can be used without giving a reason. These are called "peremptory" challenges. Each side may ask the judge to excuse particular jurors. If a juror is excused, this does not imply something bad and does not mean the juror is not competent.

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Motion for Additional Peremptory Challenges

Bronx New York Motion for Additional Peremptory Challenges

Name: Bronx New York Motion for Additional Peremptory Challenges
Brand: US Legal Forms
Rating: 4.81 (448 reviews)

Category:

Criminal - Jurors

State:

Multi-State

County:

Bronx

Control #:

US-00815

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Instant download

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This form is a sample motion for the allowance of additional peremptory challenges. State and federal case law, as well as treatises are cited in support of the motion. Adapt to fit your circumstances.

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B. peremptory - Each side in a case has a certain number of challenges that can be used without giving a reason. These are called "peremptory" challenges. Each side may ask the judge to excuse particular jurors. If a juror is excused, this does not imply something bad and does not mean the juror is not competent.

The rationale behind allowing peremptory challenges is to give the attorneys an opportunity to seat the best jury for each case. Since each side will reject the jurors that they presume will favor the other side, the result should be a well-balanced jury.

The defendant or defendants (other than any third-party defendant or defendants) shall have a combined total of three peremptory challenges, plus one peremptory challenge for every two alternate jurors.

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.

A question of fact is resolved by a trier of fact, i.e. a jury or, at a bench trial, a judge, weighing the strength of evidence and credibility of witnesses. Conversely, a question of law is always resolved by a judge.

In a jury trial: the jury is the fact finder that decides what really happened in the case at hand. In a bench trial: the judge is the fact finder that decides what really happened. In an official investigation: an agent or committee may be appointed to determine the facts.

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.

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.

The Role of Juries The jury listens to the evidence during a trial, decides what facts the evidence has established, and draws inferences from those facts to form the basis for their decision.

Leesville Concrete Co., the United States Supreme Court held that a civil litigant's use of a peremptory challenge to exclude a prospective juror solely on the basis of race was an act of discrimination that violated the equal protection component of the Fifth Amendment's due process clause.

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In the calendar part, plea bargaining may take place. Ethnicity.(b) A party, or the trial court on its own motion, may object to the improper use of a peremptory challenge under subdivision (a). They are a means of filling gaps in the jurors' memories or clearing up. Additional peremptory challenge.43. Forefront of lawyers' thinking. 19 What remains to be seen is whether a more conscientious approach to peremptory challenges can serve as a corrective to.

Bronx New York Motion for Additional Peremptory Challenges

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What does it mean if a juror was excused because of a peremptory challenge?

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