A New York Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups is a legal action that seeks to prohibit the prosecution from exercising peremptory challenges to exclude individuals from the jury based on their race, ethnicity, or membership in other protected groups. Peremptory challenges allow both the prosecution and the defense to dismiss potential jurors without providing a reason for doing so. This motion is filed by the defense attorney to assert that the prosecution's use of peremptory challenges is discriminatory and violates the defendant's constitutional rights, specifically the rights to equal protection under the law and a fair trial. By excluding potential jurors solely based on their race or other protected characteristics, the prosecution is engaging in unlawful jury selection practices. In recent years, there have been various types of New York Motions to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups. Some specifically focus on racial discrimination, while others extend to other protected groups such as gender, religion, or sexual orientation. These motions are particularly pertinent in high-profile cases that receive extensive media coverage, as the composition of the jury plays a crucial role in shaping the outcome. Excluding individuals from the jury pool based on their race or other protected characteristics erodes the principles of impartiality and fairness that form the foundation of our legal system. To substantiate this motion, the defense attorney may present statistical evidence demonstrating a pattern of discriminatory jury selection by the prosecution. They may also provide examples of past cases where peremptory challenges were used to disproportionately remove individuals from specific groups, thus creating a prima facie case of discrimination. To counter such motions, the prosecution may argue that their peremptory challenges were exercised for legitimate reasons, unrelated to the jurors' race or other protected characteristics. They may present a neutral explanation for each challenge, such as a potential juror's bias or conflicting personal experiences. Overall, New York Motions to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups are vital for upholding equal protection and ensuring the fairness and integrity of the justice system. By preventing discriminatory practices during jury selection, these motions aim to create a diverse and representative jury that can deliver unbiased judgments based on the merits of the case rather than the characteristics of the accused or the victim.
New York Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
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Each party must be allowed the following number of peremptory challenges: (a) Twenty for the regular jurors if the highest crime charged is a class A felony, and two for each alternate juror to be selected.
(b) In non-capital felony cases and in capital cases in which the State does not seek the death penalty, the State and defendant shall each be entitled to ten peremptory challenges.
(a) Unanimous verdict not required. A verdict may be rendered by not less than five-sixths of the jurors constituting a jury.
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.
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.
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.
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.
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.