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Maine 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.

Maine Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury is a legal procedure aimed at challenging the exclusion of illiterate individuals from serving on a jury based on their literacy level. This motion argues that such exclusion is discriminatory and violates the constitutional rights of illiterate individuals to equal protection under the law. Keywords: Maine, Motion to Declare Unconstitutional, Discriminatory Exclusion, Illiterates, Jury, Legal Procedure, Challenging, Literacy Level, Discriminatory, Constitutional Rights, Equal Protection. Different types of Maine Motions to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury may include: 1. Direct Motion: This motion is filed directly by the defense or prosecution in a specific trial where the exclusion of illiterates from the jury is observed. 2. Class Action Motion: A class action motion is filed on behalf of a group or class of individuals who have been excluded from jury duty due to illiteracy. It aims to challenge the exclusion policy on a broader scale. 3. Habeas Corpus Motion: This type of motion is often used to challenge the constitutionality of the discriminatory exclusion of illiterates from the jury after a conviction has already been made. The motion argues that the individual's constitutional rights were violated during the trial. 4. Appeal Motion: Once a trial has concluded, the defense or prosecution can file an appeal motion to a higher court, arguing that the exclusion of illiterates from the jury violated the constitutional rights of the accused. The appellate court will then review the case and determine if a new trial is warranted. In each type of motion, the arguments put forth will focus on demonstrating that the exclusion of illiterates from jury service is discriminatory and goes against the principles of equal protection under the law as guaranteed by the U.S. Constitution and relevant Maine state laws. It will also highlight the importance of a diverse and representative jury, emphasizing that excluding illiterates results in an unbalanced pool that may impact the fairness of the trial process.

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FAQ

2. Basis for excuse. A qualified prospective juror may be excused from jury service only upon a showing of undue hardship, extreme inconvenience, public necessity or inability to render satisfactory jury service because of physical or mental disability. A.

If you are age 70 or over and have either a physical or mental disability or impairment you may be excused from jury service.

The court has the authority to excuse or defer an otherwise qualified person from jury service if the person demonstrates: Undue hardship; Extreme inconvenience; Public necessity; or. An inability to render satisfactory jury service because of a physical or mental disability.

Potential jurors are selected from Maine voter registration, Drivers license, and state ID lists by a purely randomized process through a properly programmed electronic data processing system. How do I Check My Status? The Court's schedule is subject to frequent change.

You are also encouraged to call the juror information line before you leave your residence at 1-800-222-0225 for any last minute changes.

Maine law sets the pay that jurors receive at $15 per day plus $. 45 per mile for travel reimbursement. ADA Accommodation. The Judicial Branch complies with the Americans with Disabilities Act (ADA) and by Maine law does not discrim- inate against jurors based on disability.

Reasons you may be excused from jury service include: You have no means of transportation. You would have to travel an excessive distance to the courthouse. You have a physical or mental impairment. You provide care for a dependent and cannot afford to have someone cover for you.

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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 ... You will receive a qualification questionnaire with your juror summons. Please complete and return to the clerk's office as instructed in the paperwork. You may ...Jun 29, 2023 — Section 24(2) obliges law enforcement authorities to respect the exigencies of the Charter and precludes improperly obtained evidence from being ... Maine Rules of Civil Procedure Complete with Advisory Notes · Rule 38 - Jury Trial of Right in the Superior Court · Rule 39 - Trial by Jury or by the Court · Rule ... 391, §2 (RP). §1202-A. Prohibition of discrimination. A citizen may not be excluded from jury service in this State on account of actual or perceived race,. Jun 25, 2021 — The reason that Parliament chose to abolish peremptory challenges was to address discrimination in the jury selection process. When the proposed ... Legal standards created by the courts make it difficult to prove discrimination and have led to a failure to address racially discriminatory practices. When ... Cited by 146 — discrimination to result in the exclusion from jury service of otherwise qualified groups ... widespread due to the illiteracy of the general population. This ... by BC Kalt · 2003 · Cited by 247 — . One could argue that felon exclusion discriminates against other groups ... racial discrimination in jury selection.557. In the Civil Rights Act ... by EJ Initiative · 2010 · Cited by 3 — the prosecutor claimed a black juror was illiterate based ... 259 The statute forbids the racially discriminatory exclusion of any person from a grand jury ...

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