Does the Attorney General have any responsibility for the improper peremptory challenge?

California, United States of America


The following excerpt is from People v. Rodriguez, 76 Cal.App.4th 1093, 91 Cal.Rptr.2d 308 (Cal. App. 1999):

"As will appear, in the present case the trial judge expressed repeated concern about the prosecutor's apparent use of peremptory challenges to exclude Black persons from the jury. Indeed, our review of the voir dire examination indicates that several Black venirepersons were excused after giving seemingly routine, acceptable responses to the prosecutor's questions. (The Attorney General concedes that, as to three of the six prospective jurors in question, the record reveals no 'obvious' or 'apparent' reason for excusing them.) Yet, despite defendant's repeated objections, the judge inexplicably failed to demand any explanations from the prosecutor for his apparent pattern of improper peremptory challenges." (People v. Snow, supra, 44 Cal.3d at p. 223.)

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