North Carolina Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups is a legal action taken to prevent discriminatory practices within the jury selection process. This motion aims to eliminate the prosecution's ability to systematically exclude individuals from jury duty based on their race, color, ethnicity, or other group affiliations. By challenging the use of peremptory challenges, the defense seeks to ensure a fair and impartial trial by eliminating biased jury selection. In North Carolina, there are a few types of motions specifically related to this issue: 1. Motion to Preclude the Prosecution from Using Peremptory Challenges: This is the primary motion filed by the defense seeking to restrict the prosecution from excluding potential jurors based on discriminatory grounds. 2. Motion to Exclude Jury Pool Due to Discriminatory Practices: This motion can be utilized if there is evidence or reasonable suspicion that the prosecution has engaged in discriminatory practices during jury selection. It aims to present a case in which the entire jury pool should be disqualified due to biased actions. 3. Motion to Investigate Jury Selection Process: This motion requests the court to thoroughly examine the jury selection process to determine if any discriminatory patterns or practices have taken place. It may include requesting data and records related to past jury selections and challenging the credibility of the process. 4. Motion for Void Dire Examination: This motion aims to request a detailed examination of potential jurors through the process of void dire. By allowing attorneys to ask questions to potential jurors, it helps them identify any potential bias or prejudice that might exist. 5. Motion for Removal or Strike of Unlawfully Selected Jurors: If there is evidence that an already selected juror was unlawfully excluded based on their race or group affiliation, this motion can be utilized to remove or strike that juror from the trial. Filing these motions is essential in ensuring that jury selection occurs in a fair and unbiased manner, upholding the principles of justice and equality. By eliminating discriminatory practices, North Carolina strives to create a legal system that is just and impartial for all individuals.
North Carolina Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
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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.
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.
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.
In North Carolina, the State and each defendant in a non-capital case are entitled to six peremptory challenges. See G.S. 15A- 1217. If there are co-defendants, the State gets six additional peremptory challenges per co-defendant.
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.
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.
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.
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.