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Kentucky 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.

Title: Understanding Kentucky's Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury Keywords: Kentucky, motion, unconstitutional, discriminatory exclusion, illiterates, jury Introduction: In Kentucky, a motion has been filed to declare unconstitutional the discriminatory exclusion of illiterates from serving on juries. This vital step aims to address the long-standing issue of biased exclusions based on a person's literacy skills. This article will delve into the details of this motion, ranging from its purpose to potential types of motions filed in relation to this matter. 1. History and Context: Kentucky's motion to declare unconstitutional the discriminatory exclusion of illiterates from the jury is grounded in the need for a fair and impartial judicial system. Historically, limitations imposed on illiterate individuals have disproportionately affected certain communities, resulting in a lack of diverse perspectives in the jury pool. 2. Purpose of the Motion: The primary objective of the motion is to challenge the constitutionality of excluding illiterates from jury duty. The motion argues that literacy should not be a deciding factor for participation in the judicial process, emphasizing that literacy or lack thereof does not necessarily indicate a person's ability to serve as a fair and impartial juror. 3. Legal Arguments and Challenges: The motion challenges the current practice of excluding illiterates from jury service by highlighting the potential violation of individual rights, such as equal protection under the law. It argues that literacy requirements unfairly target specific socio-economic groups, thus impeding the concept of a jury that is representative of the community. 4. Potential Types of Motions: There might be different types of motions that can be filed within the context of this matter. Some possible types include: a) Motion to Declare Unconstitutional: This motion specifically seeks to challenge the constitutionality of the discriminatory exclusion of illiterates from the jury, based on established legal principles. b) Motion for Injunction: This motion aims to temporarily halt the exclusion of illiterates from jury duty until the constitutionality of such exclusion has been thoroughly examined and an appropriate decision is reached. c) Motion for Jury Selection Reform: This motion focuses on broader reforms to the jury selection process, advocating for inclusive criteria that embrace diversity, rather than excluding individuals based on literacy skills alone. Conclusion: The Kentucky motion to declare unconstitutional the discriminatory exclusion of illiterates from the jury underscores the importance of eliminating biases that undermine the fundamental principles of the judicial system. By challenging the literacy requirement, this motion seeks to promote fair and inclusive participation, ultimately striving for equal protection under the law for all citizens.

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Answer: There is no age limit. However, you may request to be excused due to other reasons. A written request is required. A medical excuse requires a letter from your doctor stating your specific medical condition and how it affects your ability to serve jury duty.

Employers, by law, must release someone who has been summoned to jury service from his or her regular work schedule. Employers are not required, however, to compensate individuals for time spent away from regular employment during jury service. Jurors are compensated $12.50 per day by the state during jury service.

If an individual summoned for Jury Service wishes to be temporarily or permanently excused from service, the individual summoned must write a letter to the Court explaining the reasons for such a request. Additional materials which are relevant to the request may be attached to this letter.

Once a year, we draw several thousand names from the voter registration list. We send those people qualification forms. That form is used to determine whether you are qualified to serve as a juror. If the Court finds that you are qualified, you will be eligible to be summoned.

Juror Qualifications, Exemptions and Excuses be a United States citizen; be at least 18 years of age; have resided primarily in the judicial district for at least one year at the time of completion of the qualification questionnaire; be able to adequately read, write, understand, and speak the English language;

(2) A prospective juror is disqualified to serve on a jury if he or she: (a) Is under 18 years of age; (b) Is not a citizen of the United States; (c) Is not a resident of the county; (d) Has insufficient knowledge of the English language; (e) Has been previously convicted of a felony and: 1.

For example, a juror can be dismissed for cause if he or she is a close relative of one of the parties or one of the lawyers, or if he or she works for a company that is part of the lawsuit. Each lawyer may request the dismissal of an unlimited number of jurors for cause.

Therefore, jurors are requested to dress in a manner that is respectful to the litigants and the court. You may wear comfortable but appropriate business-like clothing. Shorts, jeans, t-shirts, tank tops and sweatshirts should not be worn.

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The jury convicted petitioner on both counts. On appeal, the Supreme Court of Kentucky affirmed the convictions. The Supreme Court agreed to hear the case. A refusal by either the prosecution or the court to defendant's request for consent to waive denies him no right since he then gets what the Constitution ...by EJ Initiative · 2010 · Cited by 3 — Dedicated and thorough enforcement of anti-discrimination laws designed to prevent racially biased jury selection must be undertaken by courts, judges, and ... by a jury, shall be otherwise re-examined in any. Court of the United States, than ... declare shall operate as an exclusion from the right of suffrage, but ... Thus, the Court has found a denial of equal protection where the procedures implementing a neutral statute operated to exclude persons from the venire on ... No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be. A juror qualification form is enclosed with the jury summons. Prospective jurors are required to fill out the form and return it to the address listed on ... (3). The failure of a party to file timely a notice of appeal, cross- appeal, or motion for discretionary review shall result in a dismissal or denial. (4). Apr 27, 2018 — (discussing a presentation of complaints regarding the selection of a jury in a motion for new trial are ordinarily too late); Lopez v ... A majority of the committee agree that the rule should be limited to the exclusion of prospective jurors “based on race or ethnicity”; eliminate step one of ...

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