Title: Understanding the Utah Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury Keywords: Utah motion, unconstitutional exclusion, illiterates, discriminatory exclusion, jury system Introduction: The Utah Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury aims to challenge the practice of excluding illiterate individuals from serving on juries. This discriminatory exclusion violates their rights to equal protection and due process under the Constitution. This article explores the various types of motions associated with this issue and discusses the importance of inclusivity within the jury system. 1. Overview of the Utah Motion: The Utah Motion seeks to address the exclusion of illiterate jurors from participating in the jury selection process. By declaring this practice unconstitutional, Utah would join the fight for inclusivity and equal representation in the criminal justice system. 2. Discriminatory Exclusion of Illiterates: The discriminatory exclusion of illiterates from the jury system perpetuates biases and disadvantages certain segments of the population. By excluding illiterates, the diversity of perspectives and experiences within the jury pool is significantly limited. 3. Constitutional Grounds for the Motion: The Utah Motion argues that the discriminatory exclusion of illiterates violates the Equal Protection Clause of the Fourteenth Amendment, as well as the fundamental principles of due process. It emphasizes that literacy should not be a determinant of an individual's ability to serve as a fair and impartial juror. 4. Types of Utah Motions to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury: a) Motion for Declaratory Judgment: This motion seeks a formal declaration from the court that the exclusion of illiterates from the jury system is unconstitutional. b) Motion for Injunction: This motion requests the court to issue an injunction to prevent the exclusion of illiterate jurors until the matter is resolved. c) Motion for Judicial Review: This motion asks the court to review the constitutionality of the exclusionary practice and determine whether it violates individuals' rights. 5. Implications of the Motion: By actively challenging the discriminatory exclusion of illiterates from juries, Utah is taking a significant step towards promoting diversity and ensuring fair representation. Inclusive juries allow for a broader range of perspectives, ultimately enhancing the fairness and legitimacy of the criminal justice system. Conclusion: The Utah Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury aims to rectify an unfair and discriminatory practice that undermines the principles of justice, equality, and due process. By addressing this issue and promoting inclusivity within the jury system, Utah is striving to create a more just and representative legal system for all of its citizens.
Utah Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury
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Be able to read and write; not have served as a juror for six days during the preceding three months in the county court or during the preceding six months in the district court; and. not have been convicted of, or be under indictment or other legal accusation for, misdemeanor theft or a felony.
Jury composition. eight persons in a civil case at law except that the jury shall be four persons in a civil case for damages of less than $20,000, exclusive of costs, interest, and attorney fees.
No one is exempt from jury duty; however, you may request to be excused from jury duty for the following reasons: 1) A person who is over 70 years of age; 2) A person who has served as a justice court juror in the past two years; 3) A person who is caring full time for either (I) children under 10 years of age, or (II) ...
[Trial by jury.] In capital cases the right of trial by jury shall remain inviolate. In capital cases the jury shall consist of twelve persons, and in all other felony cases, the jury shall consist of no fewer than eight persons.
If you are age 70 or over and have either a physical or mental disability or impairment you may be excused from jury service.
(2) A person who has been convicted of a felony which has not been expunged is not competent to serve as a juror. (3) The court, on its own initiative or when requested by a prospective juror, shall determine whether the prospective juror is disqualified from jury service.