Does a defendant have standing to argue that a prosecutor discriminated against him by bringing a capital prosecution against him because of his race?
California, United States of America
The following excerpt is from People v. Montes, S059912 (Cal. 2014):
Because a state that bases enforcement of its criminal laws on an unjustifiable standard such as race would violate the equal protection clause, a defendant has standing to contend he has been discriminated against on the basis of his purported victim's race. (McCleskey v. Kemp (1986) 481 U.S. 279, 291-292, fn. 8 (McCleskey).) Here, defendant contends the prosecutor discriminated in bringing a capital prosecution against him because the victim was White.
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