Suffolk New York Motion for Additional Peremptory Challenges
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How to fill out Suffolk New York Motion For Additional Peremptory Challenges?
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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.
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.
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.
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.
Upon the trial of an indictment for a crime punishable by imprisonment for life, each defendant shall be entitled to twelve peremptory challenges of the jurors called to try the case; in any other criminal case tried before a jury of twelve, each defendant shall be entitled to four peremptory challenges; and in a case
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.
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.
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.
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Representation of the Bar: Representing Your Client. London: Grafton & Gamble. In England and Wales, each attorney must be allowed the same number of peremptory challenges that are available to other lawyers, namely, two (except under the following circumstances: for causes within the knowledge of the attorney's client, when the attorney intends to represent both parties, when the request for a peremptory challenge is by a lay member of the bar. The “two-round limit” in the United States applies to challenges in which at least one peremptory challenge might be exercised, although the challenge against a juror is waived upon the juror's written request, as well as upon the juror's admission to the deliberating room (or the court) so that the juror may be informed and may deliberate. Although peremptory challenges are ordinarily used for causes and transactions of a simple nature, in England there was an exception for causes arising in a criminal case.
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