Oregon Motion for Additional Peremptory Challenges
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How to fill out Motion For Additional Peremptory Challenges?
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FAQ
Section 136.230 - Peremptory challenges (1) If the trial is upon an accusatory instrument in which one or more of the crimes charged is punishable with imprisonment in a Department of Corrections institution for life or is a capital offense, both the defendant and the state are entitled to 12 peremptory challenges, and ...
Article I, section 17 states: ?In all civil cases the right of Trial by Jury shall remain inviolate.? This means the right cannot be taken away. The drafters of Oregon's constitu- tion took those provisions directly from the Indiana Constitution of 1851. Voters adopted the Oregon Constitution in 1857.
Jump to essay-9The Supreme Court stated: This Court has long recognized that peremptory challenges are not of federal constitutional dimension.
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.
Absent the consent of the defendant or an extension under ORS 136.295 (Application of ORS 136.290), the court shall order that the trial of the defendant commence within 60 days after arrest if the state is prepared to proceed to trial.
The existence of peremptory challenges is alleged to be an important safeguard in the judicial process, allowing both the defendant and the prosecution to get rid of potentially biased jurors, however with no reason given for their dismissal, this could never be proven.
When a six-person jury is used in Oregon, all six jurors must agree on the verdict. When a twelve-person jury is used in Oregon, typically only ten of the twelve jurors must agree on the verdict (however, a unanimous verdict is required in capital murder cases).
