Title: Understanding Utah Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups Introduction: In Utah, a motion can be filed to preclude the prosecution from utilizing peremptory challenges to exclude individuals based on race or membership in certain groups during the jury selection process. This descriptive article provides an overview of this motion, highlighting its purpose, legal framework, potential variations, and key considerations. Keywords: Utah motion, preclude prosecution, peremptory challenges, exclude, Black persons, members of other groups. 1. Purpose of the Utah Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups: This motion aims to ensure a fair trial by addressing discriminatory practices during jury selection. It seeks to prevent the prosecution from improperly excluding prospective jurors based on their race or belonging to specific groups. 2. Legal Framework and Prohibitions: Utah's motion to preclude the prosecution from using peremptory challenges to exclude individuals is grounded in federal and state laws that prohibit discrimination. These include: — Equal Protection Clause: Under the Fourteenth Amendment of the U.S. Constitution, potential jurors are guaranteed equal protection under the law, regardless of race or group membership. — Batson v. Kentucky (1986): This landmark Supreme Court case established a framework for challenging racially discriminatory use of peremptory challenges in jury selection. 3. Potential Types of Utah Motion to Preclude the Prosecution: While the primary goal of such motions is to prevent racial discrimination, they may extend to challenging the exclusion of individuals based on other protected characteristics. Some potential variations may include: — Utah Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Racial Minorities: This variant focuses exclusively on racial discrimination against individuals belonging to minority groups. — Utah Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude LGBTQ+ Individuals: This motion may address exclusionary practices based on sexual orientation or gender identity during jury selection. — Utah Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Religious Minorities: This variation aims to counteract discrimination against individuals based on their religious beliefs or affiliations. 4. Important Considerations: a. Showing a Preliminary Case of Discrimination: The party filing the motion must provide evidence suggesting that peremptory challenges were used to purposefully exclude individuals based on their race or group membership. b. Demonstrating Discriminatory Patterns: Highlighting a pattern of discriminatory challenges can strengthen the case by revealing systematic exclusion rather than isolated incidents. c. Burden-Shifting Analysis: Parties responding to the motion must present a race-neutral explanation justifying the peremptory challenges. The court will assess whether these reasons are valid or pretextual. Conclusion: Utah's Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups serves as an essential legal tool to address and eliminate discriminatory practices during jury selection. By understanding the purpose, legal framework, potential variations, and key considerations, legal practitioners can advocate for a fair and impartial jury selection process.
Utah Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
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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.
A peremptory challenge can be a major part of voir dire. A peremptory challenge also allows attorneys to veto a potential juror on a "hunch". The idea behind peremptory challenges is that if both parties have contributed in the configuration of the jury, they will find its verdict more acceptable.
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.
Reasoning: (Powell, J.): In a 7?2 decision, the Court held that, while a defendant is not entitled to have a jury completely or partially composed of people of his own race, the state is not permitted to use its peremptory challenges to automatically exclude potential members of the jury because of their race.
Lesson summary. Peremptory challenges allow attorneys from both sides to excuse potential jurors without offering a reason why.
4th 1164, 1171) Per CCP §170.6 (a)(2), a peremptory challenge may not be made after the following things occur: The drawing of the name of the first juror; or. If a nonjury trial, after plaintiff's counsel makes his or her opening statement; or.
In Batson v. Kentucky, the U.S. Supreme Court held that the prosecution may not use peremptory strikes to exclude a potential juror based on race.
Kentucky ruled that a prosecutor's exercise of race-based peremptory challenges to jurors violated the Equal Protection Clause of the 14th Amendment. Thirty years later, ing to the experts, the law has been a colossal failure. The problem is proving discriminatory motive.