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District of Columbia 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.

The District of Columbia Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury is a legal document filed in the District of Columbia that challenges the practice of excluding illiterate individuals from serving on a jury. This motion aims to declare such exclusion as unconstitutional, as it violates the principles of equal protection and due process. In the District of Columbia, the exclusion of illiterates from the jury pool has been viewed as discriminatory, as it systematically denies certain individuals—primarily those who are unable to read or write—the opportunity to participate in the jury process. This exclusion undermines the representation and diversity valued in a fair trial and raises concerns about the constitutional rights of illiterate individuals to be treated equally under the law. Key relevant keywords for this context include: 1. District of Columbia: Refers to the jurisdiction in which the motion is filed. 2. Motion: The legal document that initiates court proceedings and brings the issue of exclusion of illiterates from the jury to the attention of the court. 3. Unconstitutional: Asserting that the exclusion practice violates the United States Constitution or the Constitution of the District of Columbia. 4. Discriminatory exclusion: The act of deliberately leaving out illiterate individuals from serving on a jury, which results in unequal treatment. 5. Illiterates: Individuals who are unable to read or write. 6. Jury: A group of individuals selected to hear and decide the facts in a legal case. 7. Equal protection: The principle that all individuals should be treated equally under the law, without discrimination. 8. Due process: The legal requirement that the government must respect all legal rights that are owed to a person, ensuring fairness in legal proceedings. 9. Exclusion: The act of preventing someone from participating in a specific activity or group. Different types of the District of Columbia Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury may vary based on the specific arguments made, the supporting evidence provided, and the legal strategies employed. These types could include variations in wording, specific cases referenced, or additional constitutional rights that may be violated by the exclusion of illiterates from the jury pool.

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A challenge for cause means the lawyer has a specific reason for thinking that a juror would not be able to be impartial. For example, the case may involve driving under the influence of alcohol.

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.

Last-minute requests to be excused must be supported by written documentation of medical appointments, travel plans, etc. Please note that the court may provide proof of your attendance dates upon request from your employer.

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.

(a) A party shall not use a peremptory challenge to remove a prospective juror on the basis of the prospective juror's race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or the perceived membership of the prospective juror in any of those groups.

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.

This right can be found in the Sixth Amendment of the U.S. Constitution where it states, ?the accused shall enjoy the right to a speedy and public trial, by an impartial jury.? See Impartial Jury.

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§ 11–1903. Prohibition of discrimination. A citizen of the District of Columbia may not be excluded or disqualified from jury service as a grand or petit juror ... by BC Kalt · 2003 · Cited by 247 — This article surveys the current law of felon exclusion and surveys its history. It then surveys and proposes constitutional arguments for and ...A refusal by either the prosecution or the court to defendant's request for consent to waive denies him no right since he then gets what the Constitution ... by EJ Initiative · 2010 · Cited by 3 — The underrepresentation and exclusion of people of color from juries has seriously undermined the credibility and reliability of the criminal justice system, ... (b) An individual summoned for jury service may be: (1) excluded by the Court on the ground that that individual may be unable to render impartial jury service ... A motion to dismiss the petit jury array on the grounds that: a. The jury list ... juries is unconstitutional in that it constitutes improper discrimination. The court may appoint one or more persons who are qualified voters in the judicial district, to be known as voting referees, who shall subscribe to the oath of ... GRAND JURY MATTERS. A motion or application filed in connection with a grand jury subpoena or other matter occurring before a grand jury, all other papers ... Jun 6, 2020 — institutional, and unconscious bias has played in the discriminatory exclusion of jurors in California. Making explicit that which has gone ... The District Court, noting the absence of any claim of intentional discrimination, found that respondents' evidence supporting their motion warranted the ...

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District of Columbia Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury