South Carolina Motion for Additional Peremptory Challenges allows the parties involved in a legal proceeding to request additional opportunities to exercise peremptory challenges during the jury selection process. Peremptory challenges are rights given to both the prosecution and the defense to dismiss potential jurors without providing any specific reason. In South Carolina, there are two types of Motion for Additional Peremptory Challenges: the State's Motion and the Defendant's Motion. The State's Motion for Additional Peremptory Challenges can be filed by the prosecution to request additional opportunities to challenge potential jurors. This motion is usually made when the prosecution believes that the current number of peremptory challenges is insufficient to ensure a fair and impartial jury. The State's Motion must be supported by valid reasons, such as complex or high-profile cases, which might require more opportunities to eliminate biased jurors. On the other hand, the Defendant's Motion for Additional Peremptory Challenges can be filed by the defense counsel to request additional chances to exercise peremptory challenges. Similar to the State's Motion, the defense must provide valid reasons justifying the need for extra challenges. These reasons may include the complexity of the case, potential bias from jurors, or the need to counteract the State's arguments. The purpose of the Motion for Additional Peremptory Challenges is to safeguard the rights of both parties and ensure a fair and impartial jury. It recognizes that the exclusion of biased jurors is crucial in maintaining the integrity of the trial process. By allowing additional peremptory challenges, the court enables parties to eliminate jurors who may have preconceived notions or predispositions that could impact their ability to render an unbiased verdict. South Carolina's Motion for Additional Peremptory Challenges plays a vital role in ensuring a fair trial for all parties involved, upholding the principles of justice, and preserving the right to an impartial jury. It provides an avenue for the State and the defense to have an equal opportunity to shape the composition of the jury panel and ultimately contribute to a fair and just outcome in the courtroom.
South Carolina Motion for Additional Peremptory Challenges
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Persons who are not a resident of the county for which they have been summoned. Persons who cannot cannot read, write, speak, or understand the English language. Persons who have less than a sixth grade education or its equivalent. A mental or physical condition prevents them from serving as a juror.
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 criminal cases, parties may challenge jurors for cause during jury selection (for example, when a juror expresses an inability to be fair and impartial) or may use a certain number of peremptory challenges to remove jurors without cause.
S.C. code §17-22-710 authorizes the Solicitor to operation a Worthless Check Program.
102. In criminal cases the prosecution is entitled to one and the defendant to two peremptory challenges for each alternate juror called under the provisions of Section 14-7-320 and in civil cases, each party shall have one strike for each alternate juror. 1986 Act No.
When selecting a jury, both parties may remove potential jurors using an unlimited number of challenges for cause (e.g., stated reasons such as bias) and a limited number of peremptory challenges (i.e., do not need to state a reason).
In California, for most cases the number of peremptory challenges available to each lawyer is ten so long as there is one defendant. For death penalty or life imprisonment cases where a single defendant is involved, each attorney is permitted 20 peremptory challenges.