Can a prosecutor use a peremptory challenge to exclude a prospective juror who has a close relative in the criminal justice system?

California, United States of America


The following excerpt is from People v. Torres, B266700 (Cal. App. 2016):

"'[A] prosecutor may reasonably surmise that a close relative's adversary contact with the criminal justice system might make a prospective juror unsympathetic to the prosecution.' [Citation.]" (People v. Jones (2013) 57 Cal.4th 899, 920; see also People v. Arellano (2016) 245 Cal.App.4th 1139, 1161 (Arellano) ["The use of peremptory challenges to exclude potential jurors who have had negative experiences with the criminal justice system, or have relatives and/or family members in prison, is not unconstitutional. [Citations.]"].) Although Juror No. 3243's brother may not have had adversarial contact with the criminal

Page 9

Other Questions


Does a prosecutor have the authority to challenge a prospective juror with a peremptory challenge? (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)
How have the courts treated peremptory challenges to exclude African-American prospective jurors? (California, United States of America)
In what circumstances have peremptory challenges been exercised against prospective jurors for cause at the challenge stage of the jury selection process? (California, United States of America)
Can a prosecutor challenge for cause a prospective juror 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)
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)
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)
How have the courts treated peremptory challenges against female prospective jurors? (California, United States of America)
How have the courts treated peremptory challenges to prospective jurors in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.