If you need to comprehensive, download, or produce legal papers themes, use US Legal Forms, the most important variety of legal forms, that can be found online. Make use of the site`s simple and easy hassle-free look for to find the files you will need. A variety of themes for company and specific uses are categorized by types and claims, or search phrases. Use US Legal Forms to find the Indiana Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups within a few clicks.
When you are previously a US Legal Forms client, log in for your account and then click the Download key to get the Indiana Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups. Also you can gain access to forms you earlier delivered electronically in the My Forms tab of the account.
If you work with US Legal Forms the very first time, follow the instructions listed below:
Every single legal papers template you acquire is your own eternally. You possess acces to each type you delivered electronically within your acccount. Click the My Forms section and decide on a type to produce or download once more.
Contend and download, and produce the Indiana Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups with US Legal Forms. There are many specialist and state-particular forms you can utilize for your company or specific requires.
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.
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.
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.
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.
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.
Lesson summary. Peremptory challenges allow attorneys from both sides to excuse potential jurors without offering a reason why.
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.