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.

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FAQ

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