Florida Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
Description
How to fill out Motion To Preclude The Prosecution From Using Peremptory Challenges To Exclude Black Persons And Members Of Other Groups?
If you wish to complete, download, or print out authorized document templates, utilize US Legal Forms, the largest collection of legal forms available online. Take advantage of the site’s straightforward and user-friendly search to find the documents you need. Various templates for business and personal purposes are organized by categories and states, or keywords. Use US Legal Forms to access the Florida Motion to Prevent the Prosecution from Using Peremptory Challenges to Exclude Black Individuals and Members of Other Groups in just a few clicks.
If you are already a US Legal Forms user, Log In to your account and then click the Download button to obtain the Florida Motion to Prevent the Prosecution from Using Peremptory Challenges to Exclude Black Individuals and Members of Other Groups. You can also retrieve forms you previously submitted online from the My documents section of your account.
If you are using US Legal Forms for the first time, follow the steps below: Step 1. Ensure you have selected the form for your specific city/state. Step 2. Use the Review option to examine the form’s details. Don’t forget to read through the summary. Step 3. If you are dissatisfied with the form, use the Search field at the top of the screen to find other templates in the legal form format. Step 4. Once you have found the form you need, click the Buy now button. Choose your preferred pricing plan and enter your information to register for an account. Step 5. Complete the transaction. You can use your credit card or PayPal account to finalize the purchase. Step 6. Select the format of the legal form and download it to your device. Step 7. Fill out, edit, and print or sign the Florida Motion to Prevent the Prosecution from Using Peremptory Challenges to Exclude Black Individuals and Members of Other Groups.
- Each legal document template you obtain is yours indefinitely.
- You have access to every form you downloaded within your account.
- Select the My documents section and choose a form to print or download again.
- Stay competitive and download, and print the Florida Motion to Prevent the Prosecution from Using Peremptory Challenges to Exclude Black Individuals and Members of Other Groups with US Legal Forms.
- There are thousands of professional and state-specific forms available for your business or personal needs.
Form popularity
FAQ
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.
Lesson summary. Peremptory challenges allow attorneys from both sides to excuse potential jurors without offering a reason why.
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.
The critical case regarding peremptory challenges is Batson v. Kentucky, 476 U.S. 79 (1986). Batson established that the Equal Protection Clause of the Fourteenth Amendment forbids prosecutors from exercising their peremptory challenges to strike potential jurors solely on account of their race.
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 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.
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.
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.
