North Dakota Motion for Additional Peremptory Challenges
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How to fill out Motion For Additional Peremptory Challenges?
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FAQ
?Equal justice under law requires a criminal trial free of racial discrimination in the jury selection process.? 19 Invidious discrimination in the use of peremptory challenges on the basis of race or gender offends the Equal Protection Clause with respect to both the defendant and the juror, harms the community ...
While the reason that Parliament abolished peremptory challenges was because they could be used to build less diverse juries, as in the Stanley trial, the judicial stand aside power is insufficient for ensuring jury diversity as it fails to address implicit biases.
When selecting a jury, both parties may remove potential jurors using an unlimited number of challenges for cause (e.g., stated reasons such as bias) and a limited number of peremptory challenges (i.e., do not need to state a reason).
Provided a party is aware of a cause, he may challenge any prospective juror on that basis. In many cases, however, parties will not have that information. Consequently, in addition to challenges for cause (which are numerically unlimited) each party may exercise four peremptory challenges.
Jump to essay-9The Supreme Court stated: This Court has long recognized that peremptory challenges are not of federal constitutional dimension.
The best-known problem with peremptory challenges ? a lawyer's dismissal of a prospective juror without a stated cause ? may be that too often there actually is a cause, and it's an improper one.
The author proffers that if jury service is one of the most important civic duties, the process should be free of racial discrimination. Abolishing the use of peremptory challenges is one way to begin to eradicate racial discrimination in the jury selection process.
