How have courts considered whether a disproportionate number of peremptory challenges have been made against minorities?

As part of its consideration of whether an inference of discrimination has been raised, several courts have analyzed whether the percentage of prosecutorial challenges made against minorities was disproportionately higher than the percentage of the minority group within the venire. See Alvarado, 923 F.2d at 255-56 (finding a prima facie case because the prosecution challenged 50 percent of minority venirepersons, who represented only 30 percent of the pool); United States v. Johnson, 873 F.2d 1137, 1140 (8th Cir.1989) (considering the disproportionate rate of strikes against blacks to be relevant evidence of discrimination). Although the record lacks statistics on the racial makeup of the venire as a whole, approximately 30 percent (11 out of 37) of the venirepersons who appeared before the court for voir dire were African-American. Yet the government used a significantly higher percentage of its peremptory challenges--56 percent--against African-Americans. Such a disparity also supports an inference of discrimination. See Alvarado, 923 F.2d at 256. Thus, two different statistics--the percentage of available African-Americans challenged, and the percentage of peremptory challenges used against African-Americans--provide support for an inference of discrimination.

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