Colorado Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury

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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.

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FAQ

Reason for Disqualification I am not a Citizen of the United States. I am not Eighteen years of age or older. * NOTE: You must submit a birth certificate or state issued id via fax, mail, or email in order to be excused. I am not a resident of Colorado and will NOT return to reside in Colorado in the next 12 months.

The term describing this justification for removal is called a ?challenge for cause? and these challenges comprise the first level of screening in the voir dire process.

The judge determines if the person shall be dismissed. Challenges and dismissal for cause differ from peremptory challenges, which each side may use to dismiss potential jurors without stating any reason.

During voir dire the lawyers may ask the judge to excuse a juror from sitting on the case. This is called "challenging a juror". There are two types of challenges: a challenge for cause and a peremptory challenge.

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.

Any person who fails to show good cause for noncompliance with a summons may be subject to a fine up to $1000, imprisonment up to three days, community service, or any combination thereof.

When selecting a jury, both parties may remove potential jurors using an unlimited number of challenges for cause (e.g., stated reasons such as bias) and a limited number of peremptory challenges (i.e., do not need to state a reason).

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Colorado Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury