Virginia Motion to Preclude the Prosecution from Using Peremptory Challenges to Exclude Black Persons and Members of Other Groups
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How to fill out Motion To Preclude The Prosecution From Using Peremptory Challenges To Exclude Black Persons And Members Of Other Groups?
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Lesson summary. Peremptory challenges allow attorneys from both sides to excuse potential jurors without offering a reason why.
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. Discrimination in Jury Selection | Death Penalty Information Center deathpenaltyinfo.org ? prosecutorial-accountability deathpenaltyinfo.org ? prosecutorial-accountability
The Court of Appeals affirmed, holding that a private litigant in a civil case can exercise peremptory challenges without accountability for alleged racial classifications. Held: A private litigant in a civil case may not use peremptory challenges to exclude jurors on account of race. Edmonson v. Leesville Concrete Co., Inc. :: 500 U.S. 614 (1991) Justia US Supreme Court Center ? cases ? federal Justia US Supreme Court Center ? cases ? federal
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.
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.
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.
Substantively, parties exercising peremptory challenges are limited by a line of Supreme Court precedent, starting with Batson v. Kentucky, which precludes the use of certain types of discriminatory peremptory challenges. Amendment and the Due Process Clause of the Fourteenth Amendment. Batson v. Kentucky and Federal Peremptory Challenge Law congress.gov ? product ? pdf congress.gov ? product ? pdf
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. Jury selection, peremptory challenges and discrimination apa.org ? monitor ? 2009/01 apa.org ? monitor ? 2009/01