Does a black defendant have the right to object to purposeful discrimination through the use of a peremptory challenge?

MultiRegion, United States of America

The following excerpt is from Dias v. Sky Chefs, Inc., 919 F.2d 1370 (9th Cir. 1990):

However, since 1986, black criminal defendants have also enjoyed the right to object to purposeful discrimination through the use of peremptory challenges against members of their own race, under the equal protection clause of the Fourteenth Amendment. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). This right is based on ethnic group membership rather than status as a criminal defendant; however, it has never been extended to civil cases, to corporate defendants, or to cross-racial peremptory challenges in this circuit. 2

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