Nassau New York Motion for Additional Peremptory Challenges

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

Category:

Criminal - Jurors

State:

Multi-State

County:

Nassau

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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FAQ

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 challenge is usually made by a written motion to the court in the proper format with specific language and supported by a declaration made under penalty of perjury. An oral motion under oath is also allowed.

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.

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.

The best-known problem with peremptory challenges a lawyer's dismissal of a prospective juror without a stated cause may be that too often there actually is a cause, and it's an improper one.

The use of peremptory challenges is controversial as some feel it has been used to undermine the balanced representation on a jury which would occur using random selection.

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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The petition for a writ of certiorari is granted. Peremptory challenges.An Article 440 motion challenges the legality of your conviction or sentence. Alabama, 380 U.S. 202 (1965), the U.S. Supreme Court held that the use of race in the exercise of peremptory strikes violates the Equal Protection Clause, but. If three or four alternate jurors are called, each side shall have two additional peremptory challenges. Parties have 2 peremptory challenges each.

Nassau New York Motion for Additional Peremptory Challenges

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What reasoning must you have for a peremptory challenge?

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