Motion for Additional Peremptory Challenges
Understanding this form
The Motion for Additional Peremptory Challenges is a legal document that requests a court to grant the defense additional peremptory challenges during jury selection, particularly in capital cases. This form is crucial for ensuring a fair trial by allowing the defense to exclude jurors who may hold strong opinions about sensitive issues, such as the death penalty. It provides a structured argument supported by case law and legal standards that emphasize the importance of an impartial jury drawn from a representative cross-section of the community.
Key parts of this document
- Introduction to the motion and its purpose.
- Citations of relevant case law to support the request.
- Arguments detailing why additional challenges are necessary.
- Request for a specific number of additional peremptory challenges.
- Certificate of service confirming delivery to relevant parties.
When to use this form
This form should be used when a defendant in a capital case needs to ensure that the jury selection process allows for a fair representation. If the jury pool appears biased due to pretrial publicity or if there are concerns that prosecutors are excluding jurors based on their views about the death penalty, this motion is necessary to safeguard the defendant's right to an impartial jury.
Who can use this document
This form is intended for:
- Defense attorneys representing clients in capital cases.
- Defendants facing potential capital charges who have legal representation.
- Legal practitioners seeking to ensure fair jury selection in serious criminal trials.
Instructions for completing this form
- Start by identifying the parties involved, including the defendant and the court.
- Clearly state the request for additional peremptory challenges and the justification for this request.
- Cite relevant case law and statutes to support the motion effectively.
- Specify the number of additional challenges being requested.
- Complete the certificate of service at the end to confirm distribution of the motion.
Notarization guidance
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Failing to cite adequate legal precedents and case law.
- Requesting an unrealistic number of additional challenges without justification.
- Missing signatures or failing to complete the certificate of service section.
Advantages of online completion
- Convenience of completing the form from any location at any time.
- Editability ensures users can customize the form to suit specific cases.
- Access to professionally drafted content that reflects current legal standards.
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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. See Batson challenge. criminal procedure. wex definitions.
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.
Peremptory challenges are limited to a certain number determined by the kind of lawsuit being tried. They can't be used to discriminate on the basis of race or sex. When both parties have agreed upon a jury, the jurors are sworn in to try the case by the court clerk. Those not selected are excused.
In federal criminal trials, the number of peremptory challenges allowed is ten for the defendant and six for the prosecution in a felony case, 20 for each side in a death penalty case, and three for each side in a misdemeanor case (Fed.
The government has 6 peremptory challenges and the defendant or defendants jointly have 10 peremptory challenges when the defendant is charged with a crime punishable by imprisonment of more than one year.
Peremptory challenges are limited to a certain number determined by the kind of lawsuit being tried. They can't be used to discriminate on the basis of race or sex. When both parties have agreed upon a jury, the jurors are sworn in to try the case by the court clerk. Those not selected are excused.
The number of challenges available There are up to five peremptory challenges for each accused where there are two accused,12 and up to four peremptory challenges each where there are three or more accused.
California currently permits a party in a civil case six (6) peremptory challenges, and 10 in non-capital criminal cases.
The government has 6 peremptory challenges and the defendant or defendants jointly have 10 peremptory challenges when the defendant is charged with a crime punishable by imprisonment of more than one year.
