What are the implications of discriminatory exclusion of a racial minority from a jury?

California, United States of America


The following excerpt is from People v. Trevino, 217 Cal.Rptr. 652, 39 Cal.3d 667, 704 P.2d 719 (Cal. 1985):

These concerns, nonetheless, are amplified in the context of discriminatory exclusion of a racial or ethnic minority group, as alleged in the present case. 6 As this court emphatically stated nearly 50 years ago, " 'one who is on trial for an alleged crime is entitled to a jury from which individuals of his own race who are otherwise qualified as jurors in the particular case, have not been arbitrarily excluded merely because of their nationality, race or color.' " (Italics added.) (People v. Hines (1939) 12 Cal.2d 535, 539, 86 P.2d 92.) Such exclusion is suggestive of "decision-making by racial stereotype, a technique that should be anathema in our courts." (People v. Johnson (1978) 22 Cal.3d 296, 299, 148 Cal.Rptr. 915, 583 P.2d 774.)

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