A New Hampshire Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups is a legal request made by the defense counsel in a criminal trial. This motion aims to prohibit the prosecution from removing prospective jurors based solely on their race, ethnicity, or membership in other protected groups using peremptory challenges. Peremptory challenges are the discretionary rights granted to both the prosecution and defense during jury selection to dismiss potential jurors without having to provide a specific reason. While peremptory challenges serve a legitimate purpose in the trial process, they have been historically misused to discriminate against individuals based on their race or other protected characteristics. In recent years, the court system has recognized the need to address these issues and ensure fair and impartial jury selection. Various types of motions have been proposed to tackle this problem, including: 1. Traditional New Hampshire Motion: This motion specifically targets the discriminatory use of peremptory challenges to exclude black persons and members of other protected groups. It highlights the inherent bias and seeks to preclude such practices from jury selection. 2. Expanded New Hampshire Motion: This motion broadens the scope beyond black persons to include other groups protected under anti-discrimination laws, such as individuals of different ethnicities, religions, genders, or sexual orientations. 3. Enhanced New Hampshire Motion: This motion requests additional measures to ensure a fair and unbiased jury selection process. It may ask the court to closely examine the prosecution's use of peremptory challenges, require explanations for their dismissals, or propose alternative methods for selecting jurors altogether. By filing a New Hampshire Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups, defense lawyers aim to safeguard the defendant's constitutional rights to an impartial jury and equal protection under the law. The objective is to prevent discriminatory practices and promote a fair judicial process where jurors are selected solely on their qualifications and ability to impartially assess the evidence presented during the trial.
New Hampshire Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
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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.
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.
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.
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. Jury selection, peremptory challenges and discrimination apa.org ? monitor ? 2009/01 apa.org ? monitor ? 2009/01
The critical case regarding peremptory challenges is Batson v. Kentucky, 476 U.S. 79 (1986). Batson established that the Equal Protection Clause of the Fourteenth Amendment forbids prosecutors from exercising their peremptory challenges to strike potential jurors solely on account of their race. Race-Based Peremptory Challenges - Cornell University cornell.edu ? sociallaw ? FlowersCase cornell.edu ? sociallaw ? FlowersCase
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. Discrimination in Jury Selection | Death Penalty Information Center deathpenaltyinfo.org ? prosecutorial-accountability deathpenaltyinfo.org ? prosecutorial-accountability
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. Batson v. Kentucky and Federal Peremptory Challenge Law congress.gov ? product ? pdf congress.gov ? product ? pdf
Lesson summary. Peremptory challenges allow attorneys from both sides to excuse potential jurors without offering a reason why.