Does the government have standing to object to a defendant's discriminatory peremptory challenge by asserting equal protection rights of a juror who was improperly excluded?

MultiRegion, United States of America

The following excerpt is from U.S. v. De Gross, 960 F.2d 1433 (9th Cir. 1992):

Furthermore, the government has standing to object to a defendant's discriminatory peremptory challenge by asserting the equal protection rights of the venireperson sought to be excluded. Ordinarily, a party does not have standing to assert the legal rights or interests of another. Powers v. Ohio, --- U.S. ----, 111 S.Ct. 1364, 1370, 113 L.Ed.2d 411 (1991). There are, however, limited exceptions. A party may raise a third party's rights or interests when (1) the party asserting the rights has suffered an injury in fact, giving him a sufficiently concrete interest in the outcome of the litigation, (2) there is a sufficiently close relationship between the litigant and the person whose rights are being asserted so that the litigant will be an effective proponent of the rights being litigated, and (3) there is some hindrance to the third party's ability to protect his own interests. Id. 111 S.Ct. at 1370-1372. Using these three criteria, Powers established that a criminal defendant has standing to raise the equal protection rights of a juror who was improperly excluded even if the defendant is not of the same racial group as the juror. Id. at 1373.

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