Does defendant have a claim that the exclusion of prospective jurors from a jury in a death penalty case constitute impermissible religious discrimination?
California, United States of America
The following excerpt is from People v. Booker, 11 Cal. Daily Op. Serv. 847, 119 Cal.Rptr.3d 722, 245 P.3d 366, 51 Cal.4th 141 (Cal. 2011):
Defendant nonetheless contends the excusal of these prospective jurors acted as impermissible religious discrimination. As defendant did not articulate this basis for his objection in the trial court, he has forfeited the claim on appeal. (See People v. Thornton (2007) 41 Cal.4th 391, 462, 61 Cal.Rptr.3d 461, 161 P.3d 3.) In any event, the claim lacks merit, as there is no evidence in the record the prosecutor discriminated against any particular religious
[51 Cal.4th 168]
denomination. Nor is there any evidence the prosecutor excluded prospective jurors who expressed some sort of religious belief, or a religious belief that might theoretically interfere with the ability to return a death verdict. Rather, the prosecutor challenged only those who actually expressed a possible conflict between their religious beliefs and duties as a juror, which as we have noted, is permissible.[51 Cal.4th 168]
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