Broward Florida Motion for Additional Peremptory Challenges

Name: Broward Florida Motion for Additional Peremptory Challenges
Brand: US Legal Forms
Rating: 4.81 (448 reviews)

Category:

Criminal - Jurors

State:

Multi-State

County:

Broward

Control #:

US-00815

Format:

Instant download

Description

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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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.

Under Florida law, each side is entitled to the same number of peremptory challenges. Since there are 2 defendants and each defendant is entitled to 3 peremptory challenges, this means that the entire defense has 6 peremptory challenges.

Peremptory Challenges: For Felonies punishable by Death or Imprisonment for Life, each party shall be entitled to ten (10) peremptory challenges, plus 1 peremptory challenge for each alternate juror. The trial judge may exercise discretion to allow additional peremptory challenges when appropriate. See, Fla.

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.

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 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.

Peremptory Challenge and Juror Bias Potential jurors may inherently be biased against certain acts or people. For instance, a retired police officer may not be able to serve impartially in a trial for a defendant accused of shooting a police officer while trying to escape a drug house.

The term peremptory challenge refers to the practice of excusing potential jurors without providing a reason why. Jurors may also be excluded because the attorneys and the judge believe that the juror, for whatever reason, can't be fair. This is called a 'for cause' challenge.

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In addition to challenges for cause, each lawyer has a specific number of peremptory challenges. Broward County jurors may now electronically request postponements, excusals and view report date.(d) Peremptory Challenges. Jury selection continues in the sentencing trial of Nikolas Cruz, who pleaded guilty to the deadly 2018 Parkland school shooting. I. Filling empty seats as they arise due to challenges for cause or the exercise of peremptories.

Broward Florida Motion for Additional Peremptory Challenges

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