In what circumstances will a prosecutor be able to exclude prospective jurors from a jury?

California, United States of America


The following excerpt is from People v. Fifita, B294952, c/w B297071 (Cal. App. 2020):

favorable ruling on whether a prima facie case had been made, had no occasion to explain or justify her reasons or to distinguish the excused prospective jurors from any seated juror. Under these circumstances, it would not be fair or fruitful to subject the prosecutor's reasons to comparative analysis. At the very least, we "'must keep in mind that exploring the question at trial might have shown that the jurors were not really comparable. Accordingly, we consider such evidence in light of the deference due to the trial court's ultimate finding of no discriminatory purpose.'" (People v. Hardy (2018) 5 Cal.5th 56, 77.)

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