How have the courts treated peremptory challenges against African-Americans?

California, United States of America


The following excerpt is from People v. Cleveland, 11 Cal.Rptr.3d 236, 32 Cal.4th 704, 86 P.3d 302 (Cal. 2004):

The prosecution exercised four peremptory challenges against African-Americans.

[11 Cal.Rptr.3d 257]

After each of these challenges, the defendants jointly made "Wheeler motions" (People v. Wheeler (1978) 22 Cal.3d 258, 148 Cal.Rptr. 890, 583 P.2d 748), arguing that the prosecutor improperly excused those prospective jurors because of their race. Defendants contend the court erred in denying the motions. As we explain, we disagree.

[11 Cal.Rptr.3d 257]

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