California Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
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How to fill out Motion To Preclude The Prosecution From Using Peremptory Challenges To Exclude Black Persons And Members Of Other Groups?
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FAQ
As of January 1st, 2022, AB 3070 is law. It makes jury selection more transparent by requiring an attorney who uses peremptory strikes to demonstrate that his or her behavior is unconnected to the juror's membership in a protected group or class.
In Batson v. Kentucky, the U.S. Supreme Court held that the prosecution may not use peremptory strikes to exclude a potential juror based on race.
In J.E.B. v. Alabama ex rel. T.B., the U.S. Supreme Court ruled that the Constitution prohibits gender-based peremptory challenges to prospective jurors.
Substantively, parties exercising peremptory challenges are limited by a line of Supreme Court precedent, starting with Batson v. Kentucky, which precludes the use of certain types of discriminatory peremptory challenges. Amendment and the Due Process Clause of the Fourteenth Amendment.
Independently, each side may exercise some limited number of peremptory strikes to excuse additional jurors without offering a reason. However, the U.S. Supreme Court has held that peremptory challenges cannot be used to systematically strike prospective jurors from the panel on the basis of race (Batson v.
1965Exclusion Of Jurors Based On Race Unconstitutional In Swain v. Alabama , the U.S. Supreme Court holds that prosecutors cannot use peremptory challenges to exclude jurors of a particular race (as it had ruled earlier about ethnic groups).
In 1986, the Supreme Court of the United States placed a limitation on that power through its decision that it is unconstitutional to use a peremptory challenge because of the individual's race (Batson v. Kentucky, 1986).