Michigan Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups is a legal mechanism that aims to prohibit the prosecution from using peremptory challenges to exclude individuals from serving on a jury based on their race or membership in certain groups. Peremptory challenges allow attorneys to strike potential jurors without giving a specific reason, which can lead to biased jury selection. This motion is essential in ensuring a fair and impartial trial by preventing discrimination in the jury selection process. By prohibiting racial and group-based exclusions, it promotes equal representation, diversity, and upholds the principles of justice and equality before the law. Michigan recognizes the significance of this issue and has established various types of motions related to precluding the prosecution's use of peremptory challenges to exclude black persons and members of other groups, including: 1. General Motion to Preclude Peremptory Challenges: This motion seeks a broader ban on the prosecution's use of peremptory challenges to exclude individuals based on their race or group membership without specifying any particular group. 2. Motion to Preclude Peremptory Challenges Based on Race: This motion specifically targets racial discrimination by seeking to preclude the prosecution from excluding black persons or any individual based on their racial background. 3. Motion to Preclude Peremptory Challenges Based on Group Membership: This motion broadens the scope beyond racial discrimination by seeking to prevent the prosecution from excluding members of various groups, such as ethnic minorities, religious groups, or other marginalized communities. 4. Motion to Preclude Peremptory Challenges Based on Gender: While race-focused, this motion specifically addresses gender discrimination, aiming to prevent the exclusion of individuals based on their gender identity or association with a specific gender group. 5. Motion to Preclude Peremptory Challenges Based on Sexual Orientation: Similar to the previous motion, this type addresses the exclusion of individuals based on their sexual orientation, ensuring a fair trial for all irrespective of their sexual orientation or identity. These different types of motions underscore the importance of tackling both racial and group-based discrimination in the jury selection process, ensuring a diverse and unbiased jury, and upholding the principles of equality and justice.
Michigan Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
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FAQ
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.
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.
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.
Lesson summary. Peremptory challenges allow attorneys from both sides to excuse potential jurors without offering a reason why.
If the offense charged is punishable by death, each side is entitled to 20 peremptory challenges. If the offense charged is punishable by imprisonment for more than one year, the government is entitled to 6 peremptory challenges and the defendant or defendants jointly to 10 peremptory challenges.
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.
MCR 2.511(E)(1). In a civil case, each party typically has three peremptory challenges. MCR 2.511(E)(2). ?Two or more parties on the same side are considered a single party for purposes of peremptory challenges.
Each defendant is entitled to 5 peremptory challenges unless an offense charged is punishable by life imprisonment, in which case a defendant being tried alone is entitled to 12 peremptory challenges, 2 defendants being tried jointly are each entitled to 10 peremptory challenges, 3 defendants being tried jointly are ...
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.