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North Carolina 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.

North Carolina Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury is a legal action taken in North Carolina to challenge the practice of excluding illiterate individuals from serving on juries. This discriminatory exclusion is seen as a violation of constitutional rights, as it denies illiterates their right to participate in a fair and impartial jury trial. Keywords: North Carolina, motion, declare unconstitutional, discriminatory exclusion, illiterates, jury There are no different types of North Carolina Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury. However, variations of this motion could include: 1. Challenging the discriminatory exclusion of illiterates from the jury pool in a specific county or district within North Carolina. 2. Combining the motion with other challenges to the jury selection process, such as racial or gender-based discrimination. 3. Asserting the unconstitutionality of excluding illiterates from juries based on a specific set of circumstances, such as when illiteracy is used as the sole criterion for exclusion. When filing a North Carolina Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury, detailed arguments are presented to highlight the following points: 1. Constitutional violations: The motion argues that excluding illiterates from the jury pool violates various constitutional rights, including the right to a fair trial, equal protection under the law, and the right to participate in the democratic process. 2. Historical context: The motion may delve into the historical background of illiteracy-based discrimination in jury selection, highlighting how this practice perpetuates unfair and biased outcomes. 3. Impact on representation: The motion may present statistical data or studies demonstrating how the exclusion of illiterates from juries disproportionately affects certain communities or individuals, leading to underrepresentation and diminished trust in the justice system. 4. Alternatives to exclusion: Potential solutions or alternatives to outright exclusion of illiterates from serving on juries can be proposed, such as providing accommodations or using alternative methods of communication during jury proceedings. 5. Precedents and legal arguments: The motion may reference relevant legal precedents, constitutional provisions, and other court decisions that support the notion that excluding illiterates from juries is unconstitutional. By filing a North Carolina Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury, individuals or groups aim to challenge the system and ensure that jury selection processes are fair, unbiased, and inclusive of all citizens, regardless of their literacy levels.

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(2) The State is allowed six challenges for each defendant. (c) Each party is entitled to one peremptory challenge for each alternate juror in addition to any unused challenges.

102. In criminal cases the prosecution is entitled to one and the defendant to two peremptory challenges for each alternate juror called under the provisions of Section 14-7-320 and in civil cases, each party shall have one strike for each alternate juror. 1986 Act No.

In California, for most cases the number of peremptory challenges available to each lawyer is ten so long as there is one defendant. For death penalty or life imprisonment cases where a single defendant is involved, each attorney is permitted 20 peremptory challenges.

(2) The State is allowed six challenges for each defendant. (c) Each party is entitled to one peremptory challenge for each alternate juror in addition to any unused challenges.

The term describing this justification for removal is called a ?challenge for cause? and these challenges comprise the first level of screening in the voir dire process.

Except as provided in subdivision (b), in a trial for any other offense, the defendant is entitled to 10 and the state to 10 peremptory challenges.

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This form is a sample motion requesting that the exclusion of illiterate persons from the jury is discriminatory and unconstitutional. This chapter discusses issues that arise during jury selection. The chapter is divided into five sections. Section 25.1 addresses the fairness of the jury ...Generally, you must contact the clerk of superior court office or the chief district court judge's office if you want to be excused or defer your jury service. by EJ Initiative · 2010 · Cited by 3 — The underrepresentation and exclusion of people of color from juries has seriously undermined the credibility and reliability of the criminal justice system, ... A refusal by either the prosecution or the court to defendant's request for consent to waive denies him no right since he then gets what the Constitution ... Whether denying undocumented children of illegal immigrants the right to attend public school constitutes discrimination based on alienage that violates the ... by BC Kalt · 2003 · Cited by 247 — This article surveys the current law of felon exclusion and surveys its history. It then surveys and proposes constitutional arguments for and ... No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be. This method of proof, sometimes called the 'rule of exclusion,' has been held to be available as a method of proving discrimination in jury selection against a ... ... jury selection process on a motion for new trial in ... Cases in this Court holding unconstitutional discriminatory selection procedures in the grand jury context ...

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North Carolina Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury