Title: Oregon Motion for Additional Peremptory Challenges: A Comprehensive Overview Keywords: Oregon, motion for additional peremptory challenges, legal procedure, types Introduction: The Oregon Motion for Additional Peremptory Challenges is a legal procedure that allows parties in a trial to request additional opportunities to remove potential jurors when selecting a final jury. This motion serves as a vital tool in ensuring a fair and impartial trial. This article aims to provide a detailed description of this motion, its significance, and any different types that may exist. I. Understanding the Oregon Motion for Additional Peremptory Challenges: The Oregon Motion for Additional Peremptory Challenges is a formal request made by one of the parties or attorneys involved in a trial. It seeks approval from the court to grant additional peremptory challenges beyond the predetermined number allowed by law. 1. Significance of Peremptory Challenges: Peremptory challenges permit attorneys to exclude potential jurors without stating a reason. These challenges are crucial for parties to shape a jury that they believe can analyze the evidence fairly and be free from potential bias. 2. Limitations on Peremptory Challenges: In Oregon, the number of peremptory challenges is generally determined by the court, and parties might be allotted a specific number. However, if justified, an attorney can file a motion requesting additional peremptory challenges to ensure a fair trial. II. Types of Oregon Motion for Additional Peremptory Challenges: While there may not be distinct "types" of this motion, here are a few scenarios where such a motion might be applicable: 1. Complex and High-Profile Cases: In complex cases that involve intricate legal issues or high-profile matters, the parties might feel the need for more peremptory challenges to ensure they select jurors who possess the necessary expertise or may be less influenced by media coverage. 2. Cases Involving Sensitive Subject: In trials dealing with sensitive subject, such as cases involving sexual assault or racial discrimination, parties may seek additional peremptory challenges to emphasize the importance of diversity and inclusivity in jury selection. III. Procedure for Filing the Oregon Motion for Additional Peremptory Challenges: To file a motion for additional peremptory challenges in Oregon, adhering to the following steps is crucial: 1. Draft the Motion: The attorney must create a formal written document requesting permission for additional peremptory challenges. The motion should clearly state the reasons justifying the need for added challenges, such as complexity, media influence, or sensitive subject. 2. File the Motion: The written motion must be filed with the court and served to opposing counsel or parties involved in the trial. 3. Court Decision: After considering the motion, the court will decide whether to grant or deny the request for additional peremptory challenges. The decision is typically based on the merits and relevance presented in the motion. Conclusion: The Oregon Motion for Additional Peremptory Challenges plays a vital role in ensuring a fair and impartial trial. By granting additional peremptory challenges, the court acknowledges the importance of selecting an unbiased jury and addressing exceptional circumstances. Attorneys must navigate this procedural element effectively to shape the jury that aligns with their case's unique requirements.
Oregon Motion for Additional Peremptory Challenges
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How to fill out Motion For Additional Peremptory Challenges?
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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).