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Mississippi Motion to Preclude the Prosecution from Using Peremptory...

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Name: Mississippi Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.66 (270 reviews)

Category:

Mississippi Criminal - Capital Cases

State:

Mississippi

Control #:

MS-61729

Format:

Instant download

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A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion to Preclude the Prosecution from using Peremptory Challenges to Exclude African-Americans and Members of other Groups, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. MS-61729

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How to fill out Mississippi Motion To Preclude The Prosecution From Using Peremptory Challenges To Exclude Black Persons And Members Of Other Groups?

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FAQ

If a juror has provided little or no case-specific information, a Batson challenge may very well prove successful.

Batson, a black man, was on trial charged with second-degree burglary and receipt of stolen goods. During the jury selection, the prosecutor used his peremptory challenges to strike the four black persons on the venire, resulting in a jury composed of all whites. Batson was convicted on both of the charges against him.

Kentucky, 476 U.S. 79 (1986), was a landmark decision of the US Supreme Court ruling that a prosecutor's use of a peremptory challenge in a criminal casethe dismissal of jurors without stating a valid cause for doing somay not be used to exclude jurors based solely on their race.

A Batson challenge is a challenge made by one party in a case to the other party's use of peremptory challenges to eliminate potential jurors from the jury on the basis of sex, race, ethnicity, or religion. A trial usually begins with jury selection.

An objection to the validity of a peremptory challenge, on grounds that the other party used it to exclude a potential juror based on race, ethnicity, or sex. The result of a Batson challenge may be a new trial. The name comes from Batson v.

The peremptory challenge should be abolished for prosecutors. Prosecutors are meant to be stewards of justice.Eliminating peremptory strikes for prosecutors will still allow jurors to be struck for cause if they indicate they cannot be fair. The jury panel, therefore, would comprise only qualified impartial jurors.

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. See Batson challenge. criminal procedure. wex definitions.

To establish a prima facie showing, a party making a Batson challenge must prove that 1) the stricken juror is in a protected group; 2) the opposing party used a peremptory strike against a member of that protected group; and 3) the facts and circumstances create an inference that the opposing party struck the juror

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