Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
Description
Key Concepts & Definitions
Motion to Preclude the Prosecution from Using: A legal motion filed by a defense attorney to prevent the prosecution from presenting certain evidence or using specific arguments considered unfairly prejudicial, irrelevant, or otherwise inadmissible under the rules of evidence.
Forensic DNA Testing: Scientific examination of DNA samples that can be crucial in proving the innocence or guilt of a suspect in criminal proceedings.
Drug Enforcement Agency (DEA): A U.S. federal law enforcement agency tasked with combating drug smuggling and use within the United States.
Step-by-Step Guide on Filing a Motion to Preclude
- Identify the Evidence: Review the case files to identify any potentially prejudicial evidence that might harm the defense.
- Consult with Experts: If the evidence involves scientific testing, such as forensic DNA testing, consult with relevant experts.
- Draft the Motion: Clearly outline why the evidence should be excluded, referencing specific legal precedents and rules of evidence.
- File the Motion: Submit the motion to the court before the set deadline, typically before the trial begins.
- Argue the Motion: Present arguments in court, focusing on how the admission of the evidence would negatively impact a fair trial.
Risk Analysis
Filing a motion to preclude the prosecution from using specific evidence carries risks such as potential delays in trial proceedings and the possibility of an unfavorable ruling that could influence other aspects of a defense strategy. It may also lead to appeals or further motions if the initial decision is contested.
Case Studies / Real-World Applications
- In federal fraud cases, motions to preclude have successfully prevented the use of emails that were obtained without proper legal process.
- During bankruptcy court trials, attorneys have filed motions to exclude testimonies that were deemed speculative or lacking a proper factual basis.
- In a landmark Supreme Court verdict, a motion to preclude led to a reevaluation of the use of peremptory challenges in jury selection, highlighting the balance between fair trial rights and prosecutorial discretion.
Common Mistakes & How to Avoid Them
- Poor Timing: Filing a motion too close to the trial date can lead to rushed decisions and lesser preparedness. File early after review of all evidence.
- Insufficient Justification: Always base the motion on concrete legal precedents and solid arguments rather than conjecture.
- Lack of Consultation: Not consulting with experts when dealing with complex evidence like forensic DNA can weaken the motion.
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FAQ
The peremptory challenge should be abolished for prosecutors. Prosecutors are meant to be stewards of justice.Eliminating peremptory strikes for prosecutors will still allow jurors to be struck for cause if they indicate they cannot be fair. The jury panel, therefore, would comprise only qualified impartial jurors.
Kentucky, 476 U.S. 79 (1986), was a landmark decision of the US Supreme Court ruling that a prosecutor's use of a peremptory challenge in a criminal casethe dismissal of jurors without stating a valid cause for doing somay not be used to exclude jurors based solely on their race.
Those who favor retention of the peremptory challenge point to its four purposes: The peremptory challenge allows litigants to secure a fair and impartial jury. It gives the parties some control over the jury selection process.
No reason is required for a lawyer to use a peremptory challenge to excuse a potential juror. Such challenges allow each side to dismiss jurors who are otherwise qualified, but appear likely to favor the opposing party. However, peremptory challenges cannot be used to exclude jurors on the basis of race or class.
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.
United States. In the United States, racial discrimination in jury selection has a long history. It is specifically prohibited by law, which has been defined through a series of judicial decisions. However, juries composed solely of one racial group are legal in the United States.
Unlike challenges for cause, which must be based on logical reasons why the potential juror is biased, prejudiced, or unquali- fied to serve in a particular case, peremptory challenges are often inspired by hunches, intuition, or "shots in the dark., 20 As a parti- san, a lawyer uses peremptory challenges not to select
Prior to Bill C-75's enactment, the accused and the Crown could each peremptorily challenge up to twenty prospective jurors pursuant to s. 634(1) of the Code. In other words, the accused and the Crown could reject potential jurors from serving without providing any reasons.
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. See Batson challenge. criminal procedure. wex definitions.