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King Washington Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury

Name: King Washington Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury
Brand: US Legal Forms
Rating: 4.83 (393 reviews)

Category:

Criminal - Jurors

State:

Multi-State

County:

King

Control #:

US-00820

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This form is a sample motion requesting that the exclusion of illiterate persons from the jury is discriminatory and unconstitutional. Cites federal and state caselaw. Adapt to fit your circumstances.

How to fill out King Washington Motion To Declare Unconstitutional The Discriminatory Exclusion Of Illiterates From The Jury?

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FAQ

They will often strongly imply or outright falsely stateeven in the instructions to the jurythat there is no such thing as valid jury nullification or that to engage in jury nullification would constitute a violation of the juror's oath.

The Sixth Amendment to the United States Constitution grants criminal defendants the right to a trial by a jury of their peers. While federal law required that convictions could only be granted by a unanimous jury for federal crimes, states were free to set their own jury requirements.

Jury nullification refers to the behaviour of a jury that votes to acquit a defendant of criminal charges despite believing that: a) the defendant did in fact commit the actions with which she is charged; and, b) such actions are, indeed, prohibited by law.

Canada. Although extremely rare, jury nullification occurs in Canada. As the prosecution has powers to appeal the resulting acquittal, it lacks the finality found in the United States. However, the Crown cannot appeal on grounds of an unreasonable acquittal although it can appeal on errors of law.

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.

Jury nullification is a discretionary act, and is not a legally sanctioned function of the jury. It is considered to be inconsistent with the jury's duty to return a verdict based solely on the law and the facts of the case.

No one can refuse to participate in jury duty unless they have a valid reason. Juries are selected based on local court needs. If you are over 18 and a Canadian citizen, you may be a potential juror.

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.

Two types of challenges (juror should be excluded because inflexibly biased or prejudiced ex. victim of same crime defendant committed) relative, dating, or business associate of defendant, judge can challenge for cause as well, and unlimited.

Batson v. Kentucky, 476 U.S. 79 (1986), was a landmark decision of the United States Supreme Court ruling that a prosecutor's use of a peremptory challenge in a criminal casethe dismissal of jurors without stating a valid cause for doing somay not be used to exclude jurors based solely on their race.

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Id. In the King case, the defendants, Caucasian police officers were acquitted. In the 14 Middle Eastern countries (excluding those in North Africa), the roots of democracy and freedom are weakest.General Survey on the fundamental Conventions concerning rights at work in light of the ILO. Declaration on Social Justice for a Fair Globalization, 2008.

King Washington Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury

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