Can a prosecutor reasonably challenge the peremptory decision of a jury?

California, United States of America


The following excerpt is from People v. Johnson, 1 Cal.Rptr.3d 1, 30 Cal.4th 1302, 71 P.3d 270 (Cal. 2003):

The record here suggests grounds for the prosecutor to have reasonably challenged these jurors. The trial judge, "who had performed much of and observed the remainder of the voir dire, [and thus] was in the best position to determine under `all the relevant circumstances' of the case" whether a prima facie showing existed (People v. Box, supra, 23 Cal.4th at p. 1189, 99 Cal.Rptr.2d 69, 5 P.3d 130), mentioned reasons as to two of the jurors. The court noted that these reasons did not warrant a challenge for cause, but peremptory challenges need not be based on grounds for a challenge for cause. (People v. Jones, supra, 17 Cal.4th at p. 294, 70 Cal.Rptr.2d 793, 949 P.2d 890.) So far as we can review the court's reasons on the cold record, the record supports them. Defendant has a different view of the significance of these jurors' answers and courtroom statements, but we see no basis on which to overturn the trial court's determinations.

Other Questions


What is the effect of the court's decision to tell the jury that there is absolutely no reason any other decision would be made by the jury? (California, United States of America)
Is there a reasonable possibility the jury construed the prosecutor's comments to permit conviction despite reasonable doubts? (California, United States of America)
When a prosecutor manipulates the array of evidence before the grand jury, does the prosecutor have a duty to inform the jury of exculpatory evidence of which he or she is aware of? (California, United States of America)
When a prosecutor peremptorily challenges a prospective jury in a murder trial, does the prosecutor have to provide a list of prospective jurors that they were "opposed to the death penalty"? (California, United States of America)
Is there any case law where a prosecutor's argument that a jury would be "damaging" to the jury has been interpreted in the context of a jury trial? (California, United States of America)
What is the burden on a prosecutor to provide a non-discriminatory reason for exercising a peremptory challenge? (California, United States of America)
Does a defendant have to establish a prima facie case, or strong likelihood, that during jury selection impermissible group bias was the basis for the prosecutor's use of peremptory challenges to remove the only two African-American jurors? (California, United States of America)
What is the test for a plaintiff to successfully challenge a jury member's peremptory challenge? (California, United States of America)
When a prosecutor challenged nine prospective jurors for cause at a jury trial for the murder of a man who was found guilty of murder by reason of insanity, can they be excused for cause? (California, United States of America)
What is the impact of a prosecutor's peremptory challenge against a black prospective jury member? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.