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

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US-00820
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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.

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FAQ

Random selection means that if you're eligible to serve, you have the same chance of being summoned as anyone else who is on the jury list with you, even if you've already served before. This is why some people may be summoned several times before their spouses, neighbors, or friends ever receive a summons.

The trial judge should consider some individual voir dire in all cases to (i) determine whether any juror has an impediment concerning hearing, language or visual ability, mental health, or comprehension and to determine whether a reasonable accommodation would enable the juror to serve; (ii) address any private or ...

Challenges are either ?for cause? or Page 3 ?peremptory.? Challenges for cause are based on specific biases jurors may have that could prevent or appear to prevent them from being impartial in a particular case. Peremptory challenges can be used without any explanation or stated reason.

"Voir Dire is the process by which attorneys select, or perhaps more appropriately reject, certain jurors to hear a case." It also refers to the process by which expert witnesses are questioned about their backgrounds and qualifications before being allowed to present their opinion testimony in court.

Voir dire is the process of examining potential jurors to determine whether they are fit to serve for a particular trial. For trial lawyers, the goal of the voir dire process is to ensure that no members of the jury are harboring any biases that could jeopardize the outcome of the case.

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