How have courts interpreted peremptory challenges in the context of race discrimination?

MultiRegion, United States of America

The following excerpt is from U.S. v. Annigoni, 96 F.3d 1132 (9th Cir. 1996):

3 We review for clear error a district court's findings of fact as to the racially discriminatory use of peremptory challenges. United States v. De Gross, 960 F.2d 1433, 1442 (9th Cir.1992) (en banc).

4 Although we decide this case in the context of the rights of a defendant, the peremptory challenge is an equally important tool to insure that the government receives a fair trial. Purkett v. Elem, 514 U.S. 765, ----, 115 S.Ct. 1769, 1771, 131 L.Ed.2d 834 (1995) (upholding prosecutor's use of peremptory strike).

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