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Oklahoma
Motion for Additional Peremptory Challenges

Oklahoma Motion for Additional Peremptory Challenges

Category:

Criminal - Jurors

State:

Multi-State

Control #:

US-00815

Format:

Instant download

Description

This form is a sample motion for the allowance of additional peremptory challenges. State and federal case law, as well as treatises are cited in support of the motion. Adapt to fit your circumstances.

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FAQ

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.

FOURTEENTH AMENDMENT - PEREMPTORY CHALLENGES BY DEFENDANTS AND THE EQUAL PROTECTION CLAUSE.

Peremptory challenges allow the accused to reject potential jurors who they perceive to be implicitly or explicitly biased, particularly with respect to the accused's race, and to try to keep jurors who share the same background as the accused through the exclusion of other jurors.

The to challenge a potential juror without disclosing the reason for the challenge. Prosecutors and defense attorneys routinely use peremptory challenges to eliminate from juries individuals who, although they express no obvious bias, are thought to be capable of swaying the jury in an undesirable direction.

For example, if the potential juror has a family member who was a victim of a similar crime, the defense attorney may use a peremptory challenge to exclude them from the jury.

Hence, the law permits unlimited challenges for cause. Moreover, the law grants both the State and the defendant(s) 3/5/9 peremptory challenges.