In the legal context, a District of Columbia Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups is a significant step taken by defense attorneys to challenge the use of peremptory challenges by prosecutors in criminal trials. These motions aim to prevent the prosecution from using their right to exclude potential jurors based on race, ethnicity, or other protected classes, thus ensuring a fair and unbiased trial. Peremptory challenges refer to the ability of both prosecutors and defense attorneys to excuse potential jurors without providing any specific reason. While this power is intended to help attorneys select an impartial jury, it has been historically abused to discriminate against certain groups, particularly minorities. Therefore, the District of Columbia allows defense attorneys to challenge the prosecution's use of peremptory challenges if they believe it is based on racial or group discrimination. This motion serves as a crucial safeguard against racial bias in the selection of jurors. By filing this motion, defense attorneys ask the court to preclude the prosecution from excluding potential jurors based on their race or affiliation with certain groups. It urges the court to closely scrutinize the use of peremptory challenges by the prosecution and intervene if they find discriminatory practices at play. This motion acts as a mechanism to protect the constitutional rights of individuals and maintain a fair trial process. Moreover, it is important to note that District of Columbia Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups might have different types depending on the specific circumstances of the case. These variations include: 1. General Motion: This motion challenges the overall use of peremptory challenges by the prosecution, pointing to a pattern of excluding black persons and members of other groups. It aims to demonstrate a systematic bias in jury selection and seeks to eliminate the discriminatory exclusion. 2. Case-Specific Motion: In certain cases, where there is substantial evidence indicating the potential for racial bias, defense attorneys might file a case-specific motion. This motion presents specific instances in the jury selection process where black persons or members of other groups were unjustly excluded. It highlights concrete examples to illustrate the need for intervention. 3. Comparative Analysis Motion: This motion involves comparing the peremptory challenges used by the prosecution against statistically significant data related to the racial composition of the potential jury pool. It aims to demonstrate disparities between the composition of the jury pool and the proportion of excluded black persons and members of other groups. This statistical analysis helps substantiate the claim of discrimination. By utilizing these different types of motions, defense attorneys seek to ensure that the jury selection process remains free from racial bias, thus upholding the principles of fairness and equality within the criminal justice system.
District of Columbia Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
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FAQ
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.
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.
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.
A peremptory challenge can be a major part of voir dire. A peremptory challenge also allows attorneys to veto a potential juror on a "hunch". The idea behind peremptory challenges is that if both parties have contributed in the configuration of the jury, they will find its verdict more acceptable.
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.
Lesson summary. Peremptory challenges allow attorneys from both sides to excuse potential jurors without offering a reason why.
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 case?the dismissal of jurors without stating a valid cause for doing so?may not be used to exclude jurors based solely on their race.
4th 1164, 1171) Per CCP §170.6 (a)(2), a peremptory challenge may not be made after the following things occur: The drawing of the name of the first juror; or. If a nonjury trial, after plaintiff's counsel makes his or her opening statement; or.