Hawaii 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.

How to fill out Motion To Declare Unconstitutional The Discriminatory Exclusion Of Illiterates From The Jury?

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FAQ

You may ask to be exempt from jury service if you: Are an elected official who is being asked to serve during the legislative session. Are a judge. Are a practicing physician or dentist. Are active duty military or armed forces personnel and deployed out-of-state.

Once received, you will have 10 days to complete and return it to the Jury Pool Office, in the envelope provided. Failure to do so may result in penalization. To be eligible to serve as a juror you must: Be 18 years of age.

Reasoning: (Powell, J.): In a 7?2 decision, the Court held that, while a defendant is not entitled to have a jury completely or partially composed of people of his own race, the state is not permitted to use its peremptory challenges to automatically exclude potential members of the jury because of their race.

One of the most famous examples of this was the landmark case of Brown v. Board of Education, in which the U.S. Supreme Court ruled that segregation in public schools was unconstitutional. This case was brought to court through the use of the 7th Amendment, and it had a profound impact on the civil rights movement.

For example, you may be excused if you have caregiving responsibilities and there is no one who can take your place. You may also ask to be excused because of a disability or medical condition.

If you ignore a jury duty summons for a hearing at a state court, the court may receive a Failure to Appear Notice or a Delinquency Notice from the jury commissioner. The court may treat the matter as a contempt of court and schedule what's called a "show cause hearing" or otherwise follow state law on the matter.

If you have received a jury summons in the mail, you are obligated to report for jury service. The dates and times for reporting to jury duty are updated regularly.

If you have a Hawaii state driver's license and/or are registered to vote in Hawaii, expect to be mailed a questionnaire. Once received, you will have 10 days to complete and return it to the Jury Pool Office, in the envelope provided. Failure to do so may result in penalization.

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Hawaii Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury