Connecticut Motion for Additional Peremptory Challenges

• Category: Criminal - Jurors
• State: Multi-State
• Control #: US-00815
• Format: Word; Rich Text

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.

Connecticut Motion for Additional Peremptory Challenges: In Connecticut, a Motion for Additional Peremptory Challenges is a legal request made by either the prosecution or defense in a criminal trial to request additional opportunities to dismiss potential jurors without providing any reason ("peremptory challenges") beyond those already allotted by law. Peremptory challenges are a crucial element in the jury selection process and enable both parties to remove potential jurors they believe may be biased or unfavorable to their case. However, the number of peremptory challenges is typically limited by statute, creating the need for a Motion for Additional Peremptory Challenges in cases where the default allocation is insufficient. In Connecticut, the number of peremptory challenges available to each party depends on the nature of the offense being tried. For instance, in cases of murder or treason, the prosecution and defense are entitled to 20 peremptory challenges each. For other felonies, both sides are generally allowed 12 peremptory challenges, while for misdemeanors, this number reduces to six per side. If the prosecution or defense believes that their allocated peremptory challenges are inadequate for a fair and impartial jury selection process, they can file a Motion for Additional Peremptory Challenges. This motion must be submitted to the court for approval and provide compelling reason(s) why additional challenges are necessary. It is important to note that the granting of additional peremptory challenges is not automatic. The judge will carefully consider the arguments presented in the motion, taking into account the nature of the case, complexity, potential biases, and fairness. Furthermore, the judge may also consider the potential impact on the duration of the trial and the overall efficiency of the court. Connecticut recognizes two types of motions for additional peremptory challenges: 1. Pre-Trial: This type of motion is typically filed before the jury selection process begins and is commonly based on concerns over potential juror bias or a high-profile case that may attract media attention. The party filing the motion must provide a detailed explanation of why additional peremptory challenges are necessary for a fair trial. 2. During Trial: This type of motion is filed after the start of the trial but before the final selection of the jury. It is often requested when unexpected circumstances arise during the jury selection process that could prejudice one side or diminish the fairness of the trial. The party filing the motion must present persuasive arguments to justify the need for additional peremptory challenges. In conclusion, the Connecticut Motion for Additional Peremptory Challenges permits either the prosecution or defense to request more peremptory challenges in criminal trials when they believe the initially allocated challenges are insufficient to ensure a fair and impartial jury selection process. This motion helps to safeguard the principle of impartiality, ensuring that each party has a reasonable opportunity to shape the jury panel to their satisfaction.