Maryland Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups is a legal motion that aims to address issues of racial bias and discrimination during jury selection in criminal trials. This motion seeks to prevent the prosecution from utilizing peremptory challenges, which are used to exclude potential jurors without needing to provide a specific reason, to discriminate against black individuals or members of other targeted groups based on their race or group affiliation. The Maryland Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups is crucial in ensuring a fair and impartial jury selection process, as it strives to eliminate any discriminatory practices that could undermine the right to a fair trial, as guaranteed by the U.S. Constitution. The use of peremptory challenges has long been a subject of debate and criticism, as it can be prone to bias and discrimination. This motion serves as a protective measure against jury discrimination, advocating for equal representation and inclusion of all members of society. Different types of Maryland Motions to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups may include: 1. General Motion: An all-encompassing motion that seeks to prohibit any racial discrimination during jury selection, covering various targeted groups that the prosecution may attempt to exclude. 2. Specific Group Motion: This motion could focus on addressing the exclusion of a specific group, such as black persons. By highlighting the historical and ongoing racial disparities in the criminal justice system, this motion specifically aims to prevent the exclusion of black individuals during jury selection. 3. Intersectional Motion: An intersectional motion takes into account the multiple identities of potential jurors that may face discrimination based on various factors, such as race, gender, or religion. This motion aims to prevent exclusion on the basis of any intersectional group affiliation. 4. Comparative Analysis Motion: This motion requests the court to analyze and compare the prosecution's peremptory challenges against different groups, to identify any patterns or discrepancies that may indicate biased or discriminatory practices. In conclusion, the Maryland Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups is an essential legal tool in safeguarding the principles of equality and fairness within the criminal justice system. By targeting discriminatory practices during jury selection, this motion helps ensure that all individuals, regardless of their racial or group identity, have an equal opportunity to participate as jurors in criminal trials.
Maryland Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
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FAQ
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 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.
Kentucky, 476 U.S. 79 (1986), was a landmark decision of the United States Supreme Court ruling that a prosecutor's use of a peremptory challenge in a criminal case?the dismissal of jurors without stating a valid cause for doing so?may not be used to exclude jurors based solely on their race.
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.
Peremptory challenges were eliminated in 2018, as CBA National reported at the time, in a bid to rectify the perceived injustice of Gerald Stanley acquittal by an all-white jury after standing trial for the murder of Indigenous youth Colten Boushie.
The individuals to be impaneled as sworn jurors, including any alternates, shall be called from the qualified jurors remaining on the jury list in the order previously designated by the trial judge and shall be sworn.
In a 6?3 decision, the Court ruled that the Equal Protection Clause prohibits striking potential jurors not only because of their race or ethnicity, but also because of their gender.
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.