Are there any cases where a prosecutor challenged a prospective juror's ability to read English?

California, United States of America


The following excerpt is from The People v. Sanchez, Ct. No. FSB703282, G042256 (Cal. App. 2010):

So were the prosecutor's stated concerns about the ability of prospective jurors 46 and 70 to understand English. (People v. Turner, supra, 8 Cal.4th at p. 169 ["Of course, where a prosecutor's concern for a juror's ability to understand is supported by the record, it is a proper basis for challenge."].) Prospective juror 46 admitted he could not read or speak English very well and had avoided jury duty in the past for that reason. And although the judge indicated he could understand him, the judge ultimately accepted the prosecutor's challenge to prospective juror 46 as being nondiscriminatory.

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