Queens New York Motion for Additional Peremptory Challenges

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

Category:

Criminal - Jurors

State:

Multi-State

County:

Queens

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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How to fill out Queens New York Motion For Additional Peremptory Challenges?

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FAQ

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.

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.

All of the possible challenges that can be made are outlined in section 638 of the Criminal Code. After hearing the challenge for cause, a judge decides whether the potential juror is suitable. The Crown and defence can each make an unlimited number of challenges for cause.

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 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.

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 number of challenges available in Victoria There are up to five peremptory challenges for each accused where there are two accused, and up to four peremptory challenges each where there are three or more accused.

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Modifies provisions relating to peremptory challenges to jurors. Criminal law ‑‑ Jury selection ‑‑ Crown's right to stand jurors aside ‑‑ Peremptory challenges ‑‑ Whether s.563 of the Criminal Code inconsistent with s.

Queens New York Motion for Additional Peremptory Challenges

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What is the purpose of a peremptory challenge give an example?

What is the process of peremptory challenges?

How many peremptory challenges are currently allowed in Canadian criminal law?

What is the only reason that lawyers Cannot use a peremptory challenge?

How many peremptory challenges can a lawyer make in jury selection?

What reasoning must you have for a peremptory challenge?

What is an example of a peremptory challenge?

How many peremptory challenges are allowed in Victoria?

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What is the purpose of Queens Motion for Additional Peremptory Challenges?

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How many additional challenges can be requested through Queens Motion?

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