Illinois Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups aims to address the issue of jury selection bias based on racial or other group affiliations. Peremptory challenges allow attorneys to exclude potential jurors without providing a specific reason. However, if these challenges are used to systematically exclude individuals based on their race or membership in certain groups, it violates the constitutional rights to equal protection and fair trial. This motion is filed by the defense in criminal cases to request the court to preclude the prosecution from using peremptory challenges to exclude black persons and members of other groups. The goal is to ensure that the jury selection process is fair, unbiased, and representative of the community. The types of Illinois Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups may include: 1. Illinois Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons: This motion specifically targets the exclusion of black persons from the jury pool based on race. It seeks to prevent racial discrimination during the jury selection process. 2. Illinois Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Members of Other Groups: This motion focuses on the exclusion of members from various groups other than black persons. It aims to challenge the exclusion of individuals based on their group affiliation, such as ethnicity, religion, gender, or sexual orientation. By filing this motion, the defense seeks to raise awareness about jury selection bias and promote equal treatment for all potential jurors. The purpose is to create a jury that truly represents the diversity of the community and ensures a fair trial for the accused. Ultimately, this motion contributes to upholding the principles of justice and combatting discrimination within the criminal justice system.
Illinois Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
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In J.E.B. v. Alabama ex rel. T.B., the U.S. Supreme Court ruled that the Constitution prohibits gender-based peremptory challenges to prospective jurors.
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.
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.
1965Exclusion Of Jurors Based On Race Unconstitutional In Swain v. Alabama , the U.S. Supreme Court holds that prosecutors cannot use peremptory challenges to exclude jurors of a particular race (as it had ruled earlier about ethnic groups).
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.
In 1986, the Supreme Court of the United States placed a limitation on that power through its decision that it is unconstitutional to use a peremptory challenge because of the individual's race (Batson v. Kentucky, 1986).
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.