Montgomery Maryland Motion for Additional Peremptory Challenges is a legal procedure that allows parties in a trial to request additional opportunities to exclude potential jurors without having to provide a specific reason. Peremptory challenges are intended to ensure a fair and impartial jury selection process. In Montgomery County, Maryland, the Motion for Additional Peremptory Challenges can be filed by either the prosecution or the defense in a criminal trial. This motion allows each side to present their arguments to the judge, explaining their reasons for needing additional peremptory challenges beyond what is typically allowed by law. The purpose of this motion is to address situations where there may be extenuating circumstances or a particularly complex or high-profile case, making it crucial to have a fair and unbiased jury. The additional challenges can be used to exclude individuals based on their potential biases, prejudices, or any other factors that may affect their ability to objectively evaluate the evidence and render a fair verdict. It is important to note that the granting or denying of the Motion for Additional Peremptory Challenges is at the discretion of the judge, who will consider the arguments presented by both parties. The judge will assess the necessity and relevance of the additional challenges and weigh them against the need for an efficient and timely trial process. Different types or variations of the Montgomery Maryland Motion for Additional Peremptory Challenges may include specific circumstances that warrant the use of extra challenges. These circumstances can include cases involving highly sensitive subject matters, cases with extensive media exposure that may have influenced potential jurors, or cases with complex legal issues requiring a more diverse panel of jurors with specific expertise or knowledge. In summary, the Montgomery Maryland Motion for Additional Peremptory Challenges is a legal procedure that allows parties in a trial to request extra opportunities to remove potential jurors without having to provide a reason. The goal is to ensure a fair and impartial jury selection process in cases where circumstances may require additional challenges. The judge will carefully consider the arguments presented before granting or denying the motion.
Montgomery Maryland Motion for Additional Peremptory Challenges
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Each party is entitled to one peremptory challenge in addition to those otherwise allowed by law if one or two alternate jurors are to be impaneled, and two peremptory challenges if three or four alternate jurors are to be impaneled. The additional peremptory challenges may be used against an alternate juror.
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.
In federal criminal trials, the number of peremptory challenges allowed is ten for the defendant and six for the prosecution in a felony case, 20 for each side in a death penalty case, and three for each side in a misdemeanor case (Fed.
A conviction of a crime that by law renders the person disqualified to serve on a jury. An interest in the cause. An action pending between the person and either party to the case. Formerly service as a juror in the same cause.
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.
(A)(1) In criminal cases in which there is only one defendant, each party, in addition to the challenges for cause authorized by law, may peremptorily challenge three of the jurors in misdemeanor cases and four of the jurors in felony cases other than capital cases.
In a civil case each party shall be entitled to 4 peremptory challenges. Such challenges shall be made before the commencement of the trial and may be made after it has been determined that a person called to serve as a juror stands indifferent in the case.
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.
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.